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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU/01849/2019

 

 

THE IMMIGRATION ACTS

 

 

Field House	Decision & Reasons Promulgated
On 19 December 2019	On 30 December 2019

 

Before

 

UPPER TRIBUNAL JUDGE KOPIECZEK

 

 

Between

 

FATOUMATTA MANNEH

(ANONYMITY DIRECTION NOT MADE)

Appellant

and

 

ENTRY CLEARANCE OFFICER

Respondent

 

 

Representation :

For the Appellant: Mr D. Ouattara, Solicitor

For the Respondent: Mr I. Jarvis, Senior Home Office Presenting Officer

 

 

DECISION PURSUANT TO RULE 40(3)(a) OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008

1.              The appellant, a citizen of Gambia, appealed to the First-tier Tribunal ("FtT") against a decision dated 16 December 2018, being a decision to refuse entry clearance as the child of a parent present and settled in the United Kingdom. The FtT dismissed the appeal.

2.              Permission to appeal the decision of the FtT having been granted, the appeal came before me. At the hearing before me it was agreed between the parties that the FtT erred in law for the reasons advanced in the grounds of appeal upon which permission to appeal was granted (and to which reference should be made for a full understanding of the errors of law).

3.              It was further agreed between the parties that the errors of law are such as to require the decision of the FtT to be set aside and for the appeal to be remitted to the FtT for a hearing de novo.

4.              In the circumstances, I set aside the decision of the FtT for error of law and remit the appeal to the FtT for a hearing de novo, on all grounds, before a judge other than First-tier Tribunal Judge Row, with no findings of fact preserved.

5.              In remitting the appeal I have had regard to paragraph 7.2 of the Practice Statement of the Senior President of Tribunals.

6.              Pursuant to rule 40(3)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008, no reasons (or further reasons) are required, the decision being made with the consent of the parties.

 

 

Upper Tribunal Judge Kopieczek 19/12/19