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

IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER	Case No: UI-2023-001680 First-tier Tribunal No: PA/52496/2022 IA/06406/2022

 

THE IMMIGRATION ACTS

 

Decision & Reasons Issued:

On the 10 July 2023

 

Before

 

UPPER TRIBUNAL JUDGE SHERIDAN

 

Between

 

KS

 

(ANONYMITY DIRECTION CONTINUED)

Appellant

and

 

Secretary of State for the Home Department

Respondent

 

 

 

DECISION AND REASONS

 

1.        This decision has been made pursuant to rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008.

 

2.        The appellant applied for permission to appeal against a decision of Judge of the First-tier Tribunal Richardson dated 10 April 2023 ("the decision"). The grounds submit that the decision should be set aside and case remitted to the First-tier Tribunal for a fresh hearing with no findings preserved.

 

3.        Permission was granted by Judge of the First-tier Tribunal Barker on 16 May 2023.

 

4.        In the respondent's rule 24 response dated 5 June 2023, the respondent states that she does not oppose the application for permission to appeal and invites the Upper Tribunal to remit the appeal to the First-tier Tribunal to be heard afresh.

 

5.        Given that the parties are in agreement both that the decision should be set aside and that the case should be remitted to the First-tier Tribunal to be heard afresh, I have decided to make a decision on the papers giving effect to the wishes of both parties.

 

Notice of Decision

 

The decision of the First-tier Tribunal is set aside and the appeal is remitted to the First-tier Tribunal to be heard afresh.

 

 

D. Sheridan

Upper Tribunal Judge Sheridan

 

Judge of the Upper Tribunal

Immigration and Asylum Chamber

 

 

26.6.2023