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

A picture containing text Description automatically generated

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Numbers

HU/00043/2021 [UI-2021-000867]

HU/02305/2021 [UI-2021-000868]

 

THE IMMIGRATION ACTS

 

Heard at Field House	Decision & Reasons Promulgated
On the 28 February 2022	On the 20 April 2022

 

Before

 

UPPER TRIBUNAL JUDGE SHERIDAN

DEPUTY UPPER TRIBUNAL JUDGE CHAPMAN

 

Between

 

MOHAMAD ABDULLA MOHAMED

AHMAD ABDALLA MOHAMED

(ANONYMITY DIRECTIOn NOT MADE)

Appellant

and

 

ENTRY CLEARANCE OFFICER

Respondent

 

Representation

For the Appellant: Ms M Butler, Counsel instructed by Anglia Immigration Law

For the Respondent: Ms A Everett, Senior Home Office Presenting Officer

 

CONSENT ORDER

Background

1.       The appellants are appealing against a decision of Judge of the First-tier Tribunal Chana ("the judge") promulgated on 24 August 2021 dismissing their human rights appeal.

2.       At the error of law hearing, Ms Everett, on behalf of the respondent, conceded that the grounds established that the decision of the judge involved the making of errors of law such that the decision could not stand. Ms Everett and Ms Butler were in agreement that the appeal should be remitted to the First-tier Tribunal to be decided afresh by a different judge with no findings preserved.

3.       The parties agreed to dispose of the proceedings by way of a consent order.

 

Decision

4.       Pursuant to Rules 39 and 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 we make the following order:

5.       The decision of the First-tier Tribunal is set aside and the appeal is remitted to the First-tier Tribunal to be made afresh by a different judge with no findings preserved.

Signed   D. Sheridan
Upper Tribunal Judge Sheridan	Dated: 7 March 2022