United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) A ppeal Number: IA094902015

 

 

THE IMMIGRATION ACTS

Heard at Birmingham	Decision & Reasons Promulgated
On 10 May 2017	On 12 June 2017

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE MAHMOOD

 

Between

 

 

gifty osei

Appellant

(ANONYMITY DIRECTION NOT MADE)

 

and

 

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

 

For the Respondent: Litigant in Person

For the Appellant: Mr A McVeety, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

1. The Appellant appeals with permission against the decision of the First-tier Tribunal Judge.

 

2. The issue was whether the Judge's decision could stand. Mr McVeety informed me that he had discussed matters with Ms Osei. They were both agreed that the appeal should be allowed. They both agreed too that the matter ought to be remitted to the First-tier Tribunal.

 

3. As the Appellant was a litigant in prison I explored whether there were proper concessions by both parties. Having looked at the matter and having satisfied myself that the Appellant understood the position, I then announced that I allowed the appeal as sought by the parties.

 

4. In my judgment, there was a material error of law in the Judge's decision. There shall have to be a rehearing. The most appropriate place for that is at the First-tier Tribunal, as sought by both parties.

 

Notice of Decision

 

There is a material error of law in the decision of the First-tier Tribunal.

The decision of the First-tier Tribunal is set aside.

The hearing shall be on all issues. None of the current findings shall stand.

No anonymity direction is made.

 

 

Signed Date: 10 May 2017

 

 

Deputy Upper Tribunal Judge Mahmood