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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/33851/2015

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision and Reasons Promulgated
On 20.08.2018	On 30.08.2018

 

 

Before

 

UPPER TRIBUNAL JUDGE GRUBB

 

 

Between

 

PETER OWUSU ANSAH

(anonymity direction not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant:       Mr A Otchie instructed through direct access         

For the Respondent:    Mr C Howells, Senior Home Office Presenting Officer      

 

 

NOTICE OF DECISION

1.              Both subparagraphs of rule 40(3) apply to this decision.

2.              The decision of the First-tier Tribunal (Judge Powell) sent out on 27 September 2017 is erroneous in law. I set it aside.

3.              The appeal is remitted to be determined de novo by the First-tier Tribunal other than Judge Powell.

4.              The respondent is directed to serve upon the appellant within 21 days of this decision being sent (i) the respondent's bundle; and (ii) any evidence relied upon in relation to the issue of the subsistence of the appellant's marriage, including any evidence from the appellant's spouse.

 

 

Signed

 

A Grubb

Judge of the Upper Tribunal dated 20 August 2018