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

Upper Tribunal

(Immigration and Asylum Chamber)        Appeal Number: PA/13871/2018

 

 

THE IMMIGRATION ACTS

 

Heard at Cardiff Civil Justice Centre	Decision & Reasons Promulgated
On 12 September 2019	On 18 September 2019

 

Before

 

UPPER TRIBUNAL JUDGE GRUBB

 

Between

 

E H

(Anonymity Direction in force)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

Representation :

For the Appellant:       Ms L Gardner instructed by Migrant Legal Project, Cardiff          

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

 

NOTICE OF DECISION

 

1. Both subparagraphs of rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698 as amended) apply to this decision.
2. The decision of the First-tier Tribunal sent out on 14 March 2019 is erroneous in law. I set it aside.
3. The appeal is remitted to be determined by the First-tier Tribunal de novo at an oral hearing before a judge other than Judges Page, Davidge or Burnett.

 

Signed

A Grubb

Judge of the Upper Tribunal

12 September 2019