BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
||
|
You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> IA295352014 & Ors. [2015] UKAITUR IA295352014 (21 December 2015) URL: http://www.bailii.org/uk/cases/UKAITUR/2015/IA295352014.html Cite as: [2015] UKAITUR IA295352014 |
||
[New search] [Printable PDF version] [Help]
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/29535/2014
IA/29579/2014
IA/29588/2014
IA/29595/2014
IA/29598/2014
THE IMMIGRATION ACTS
|
Heard at Field House |
Decision & Reasons Promulgated |
|
On 18 th October 2015 |
On 21 st December 2015 |
|
|
|
Before
UPPER TRIBUNAL JUDGE COKER
DEPUTY UPPER TRIBUNAL JUDGE SAINI
Between
MMAA
SA
UAA
AMAA
AAA
Appellants
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: Mr M Blundell, Counsel instructed by UK Migration Lawyers
For the Respondent: Mr N Bramble, Senior Presenting Officer
DECISION AND REASONS
1. This matter comes before us as a consequence of a previous Error of Law Decision and Reasons finding that the decision of First-tier Tribunal Judge Braybrook contained a material error of law and that her findings should be set aside.
2. The Appellants request that their appeals be remitted to the First-tier Tribunal. The Secretary of State does not oppose that request. The Practice Statement dated 25 September 2012 of the Immigration and Asylum Chamber First-tier Tribunal and Upper Tribunal states as follows at paragraph 7.2:
'7.2 The Upper Tribunal is likely on each such occasion to proceed to remake the decision, instead of remitting the case to the First-tier Tribunal, unless the Upper Tribunal is satisfied that:-
(a) the effect of the error has been to deprive a party before the First-tier Tribunal of a fair hearing or other opportunity for that party's case to be put to and considered by the First-tier Tribunal; or
(b) the nature or extent of any judicial fact finding which is necessary in order for the decision in the appeal to be re-made is such that, having regard to the overriding objective in rule 2, it is appropriate to remit the case to the First-tier Tribunal.'
3. Pursuant to the Practice Statement, we are satisfied that the nature and extent of judicial fact-finding in the re-making of this appeal is such that, having regard to the overriding objective in rule 2, it is appropriate to remit the appeals to the First-tier Tribunal.
4. The appeals are hereby remitted to the First-tier Tribunal, to be heard by a judge of the First-tier Tribunal other than Judge Braybrook.
Signed Date
Deputy Upper Tribunal Judge Saini
