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

Asylum and Immigration tribunal-b&w-tiff"

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal numbers: PA/05744/201 9

 

 

the immigration Acts

 

 

At Field House	Decisions & Reasons Promulgated
3 March 2020	On 23 March 2020

 

 

Before

 

Upper Tribunal Judge Gill

 

 

Between

 

[S I]

Appellant

And

 

The Secretary of State for the Home Department

Respondent

 

 

DECISION TO SET ASIDE

1. By way of my decision granting permission signed on 15 February 2020 and sent to the parties under cover of a notice dated 25 February 2020, the Upper Tribunal notified the parties of its proposal to set aside the decision of Judge of the First-tier Tribunal Lucas in its entirety and remit the appeal to the First-tier Tribunal for a Judge of that Tribunal other than Judge Lucas to re-make the decision on the appellant's appeal. The reasons for the proposal were set out in the decision granting permission.

2. In my decision granting permission, the parties were informed that the Upper Tribunal will proceed to issue a decision to give effect to its proposal unless the parties objected, with reasons, by 4 pm on the 14 ^th calendar day after the date of the Tribunal's notice.

3. To date, no response has been received from the appellant or from the respondent.

4. In the circumstances, I am satisfied that the decision of Judge Lucas involved the making of an error on a point of law such that it falls to be set aside in its entirety. I set it aside in its entirety. The reasons for my decision are given in the decision granting permission to appeal. For the reasons given in the same notice, this case is remitted to the First-tier Tribunal for a Judge of that Tribunal other than Judge Lucas to re-make the decision on the appellant's appeal.

Notice of Decision

The decision of the First-tier Tribunal involved the making of errors on points of law such that the decision is set aside in its entirety. This case is remitted to the First-tier Tribunal for the decision on the appellant's appeal to be re-made on the merits on all issues by a judge other than Judge of the First-tier Tribunal Lucas.

 

 

Upper Tribunal Judge Gill Date: 16 March 2020