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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: AA/05433/2015

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision & Reasons Promulgated
On 26 April 2019	On 2 May 2019

 

Before

 

UPPER TRIBUNAL JUDGE O'CONNOR

 

Between

 

MD RASEL SIKDER

(ANONYMITY DIRECTION NOT MADE)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr F. Hebtemariam, Anglia Immigration Law

For the Respondent: Ms A Everett, Senior Presenting Officer

 

 

DECISION AND REASONS

1.              This appeal has a lengthy history. It was heard by the First-tier Tribunal as long ago as the 1 July 2015 and then by Deputy Upper Tribunal Judge Hall in January 2016. Most recently the Court of Appeal considered an appeal against the decision of DUTJ Hall and, by way of a decision given orally on 1 ^st May 2018, set aside both the decision of the Upper Tribunal and that of the First-tier Tribunal. The Court of Appeal further directed that the appeal be remitted to the Upper Tribunal to be determined de novo. The order in this regard was sealed on 3 May 2018.

2.              Since that time the Upper Tribunal has been seeking a copy of the judgment given by the Court of Appeal but alas this has proved elusive. As a consequence, a CMR was listed in the Upper Tribunal for 26 April 2019. At the CMR Ms Everett provided a copy of what was said to be the oral judgment of the Court of Appeal. She was not able to identify the author of the document and could not attest to its accuracy, neither could Mr Habtemariam.

3.              In all the circumstances, the parties agreed that given the length of time since the appeal was last heard and the Court of Appeal's direction that the re-making of the decision should be de novo, the most appropriate course is for this task to be undertaken in the First-tier Tribunal. I agree and I therefore remit this appeal to the First-tier Tribunal to be determined afresh.

Notice of Decision

This appeal is remitted to the First-tier Tribunal to determined afresh. No previous findings are to stand.

 

 

Signed:

 

Mark O'Connor Date: 30 April 2019

Upper Tribunal Judge O'Connor