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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/10439/2019 (P)

 

THE IMMIGRATION ACTS

 

No hearing	Decision & Reasons Promulgated
4 December 2020	On 15 December 2020

Before

 

MR C M G OCKELTON, VICE PRESIDENT

 

 

Between

 

 

[A A]

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

 

DECISION AND REMITTAL

 

1.              Following directions in this case I have responses from both parties. The note of argument by Mr Winter is commendably clear; it is, however, unhelpfully and incorrectly described by Latta and Co as supporting only an application for permission to appeal. The letter from the Home Office is confused and, in particular in paragraph 3, incomprehensible. It is, however, accompanied by an email stating that "the SSHD has no objection to the matter being remitted to the FtT for a 'de novo' hearing" (which is not suggested in the letter itself, which seems to propose a different outcome altogether).

2.              I am persuaded by Mr Winter and note that the Secretary of State does not oppose him. I set aside the decision of Judge Farrelly for error of law. I remit the appellant's appeal to the First-tier Tribunal and direct that it be decided afresh.

 

C.M.G. Ockelton

 

C. M. G. OCKELTON

VICE PRESIDENT OF THE UPPER TRIBUNAL

IMMIGRATION AND ASYLUM CHAMBER

Date: 4 December 2020