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

 

IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER

Case No: UI- 2022-002503 First-tier Tribunal No: PA/51854/2021 IA/04248/2021

 

 

THE IMMIGRATION ACTS

 

 

Decision & Reasons Issued:

On the 16 March 2023

 

 

Before

 

UPPER TRIBUNAL JUDGE GRUBB

 

 

Between

 

M A O C

(ANONYMITY ORDER MADE)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr H Dieu instructed by NLS Solicitors

For the Respondent: Ms S Rushforth, Senior Home Office Presenting Officer

 

Heard at Cardiff Civil Justice Centre on 9 March 2023

 

­ Order Regarding Anonymity

 

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant is granted anonymity.

 

No-one shall publish or reveal any information, including the name or address of the appellant, likely to lead members of the public to identify the appellant. Failure to comply with this order could amount to a contempt of court.

 

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 respondent accepts there is an error of law on the basis of the grounds of appeal. The decision of the First-tier Tribunal sent out on 17 May 2022 is erroneous in law. I set it aside.

3.        The appeal is remitted to be determined by the First-tier Tribunal de novo before a judge other than Judge Lester

 

 

Andrew Grubb

 

Judge of the Upper Tribunal

Immigration and Asylum Chamber

 

9 March 2023