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

IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER	Case Nos: UI- 2024-001956 UI-2024-001957
	First-tier Tribunal No: EU/54858/2023 EU/54859/2023

 

THE IMMIGRATION ACTS

Decision Issued:

On 10 ^th of October 2024

 

Before

UPPER TRIBUNAL JUDGE NORTON-TAYLOR

 

Between

MAJID RABI

ADNAN RABI

(NO ANONYMITY ORDER MADE)

Appellants

and

 

ENTRY CLEARANCE OFFICER

Respondent

 

DECISION ON DISPOSAL

 

1.       In a decision issued on 16 September 2024 I found that the First-tier Tribunal had made a legal mistake and set that decision aside.

 

2.       I also issued a direction that the appellants' legal representatives were to confirm whether they wished their case to be kept in the Upper Tribunal or sent back to the First-tier Tribunal for a new decision to be made.

 

3.       On 1 October 2024, Kirklees Citizens Advice and Law Centre confirmed that they were no longer acting for the appellants.

 

4.       In the circumstances and without wanting to delay matters further, I confirm my provisional view that these two linked appeals should be remitted to the First-tier Tribunal. It would be appropriate for the remitted hearings to be held at either the Manchester or Bradford hearing centres.

 

5.       The remitted hearing shall not be conducted by First-tier Tribunal Judge Saffer.

 

6.       It is to be noted that the findings set out at paragraph 14 of the First-tier Tribunal's decision are preserved in so far as they relate to the position as at the date of that decision. These are: there was no issue as to the identity of Mr Muhammad; the relevant property was owned by the appellants' father; and the appellants lived in that property.

 

 

H Norton-Taylor

Judge of the Upper Tribunal

Immigration and Asylum Chamber

 

Dated: 9 October 2024