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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/00049/2015

 

 

THE IMMIGRATION ACTS

 

 

Decided at Field House without a hearing	Decision & Reasons Promulgated On 7 October 2015
On 1 September 2015

 

Before

 

UPPER TRIBUNAL JUDGE PERKINS

 

 

Between

 

AHSAN NADEEM

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

DETERMINATION AND REASONS

1)         On 14 July 2015 the First-tier Tribunal gave the Appellant permission to appeal the decision (hereinafter "the Decision") of the First-tier Tribunal promulgated on 23 June 2015 dismissing the Appellant's appeal against a decision of the Respondent to remove him from the United Kingdom.

2)         The appeal was determined under "The Fast-track Rules" under Schedule Rule 1(3) to the Tribunal Procedure Rules 2014.

3)         By a Decision of the President of the First-tier Tribunal, Immigration and Asylum Chamber, under rule 32 of the Tribunal Procedure Rules 2014, sent to the parties on 18 August 2015, the First-tier Tribunal set aside the Decision. The Decision was set aside following the decision of the Court of Appeal in The Lord Chancellor v Detention Action [2015] EWCA Civ 840.

4)         I saw no useful purpose in the Upper Tribunal making any reasoned decision on the appeal and I was minded to dismiss the appeal without considering the merits.

5)         A Memorandum and Directions setting out my view was sent to the parties on 2 September 2105 inviting them to respond. A similar Memorandum and Directions had been sent to the parties previously but the Appellant was served at the wrong address.

6)         There has been no response from either party.

7)         I see no disadvantage to the Appellant in dismissing his appeal to the Upper Tribunal. The First-tier Tribunal must re-determine his appeal.

8)         In the circumstances I dismiss the Appellant's appeal to the Upper Tribunal.

 

Signed
Jonathan Perkins Judge of the Upper Tribunal	Dated 30 September 2015