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

Asylum and Immigration tribunal-b&w-tiff"

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/00187/2019

 

 

THE IMMIGRATION ACTS

 

 

Heard at Birmingham CJC	Decision and Reasons Promulgated
On 2 nd December 2019	On 24 th December 2019

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE PARKES

 

 

Between

 

M P

(ANONYMITY DIRECTION MADE)

Appellant

And

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

For the Appellant: Mr M Azmi (Counsel)

For the Respondent: Mr D Mills (Home Office Presenting Officer)

 

DETERMINATION AND REASONS

1.              The Appellant's appeal had been heard by First-tier Tribunal Judge Fox in May 2019 and his appeal dismissed. That decision was set aside by the Upper Tribunal following a hearing before Deputy Upper Tribunal Judge Chamberlain in his decision promulgated on the 13 ^th of September 2019. The case was then listed for a re-hearing before me on the 2 ^nd of December 2019.

2.              At the hearing it was agreed that it was more appropriate that with no findings preserved the appeal ought to have been remitted to the First-tier Tribunal. Mr Mills stated that was what he had expected to happen and Mr Azmi did not object. In those circumstances the appeal is remitted to the First-tier Tribunal for re-hearing not before Judge Fox or Judge Chamberlain.

 

CONCLUSIONS

The decision is remitted to the First-tier Tribunal for re-hearing.

 

Anonymity

The First-tier Tribunal made an order pursuant to rule 45(4)(i) of the Asylum and Immigration Tribunal (Procedure) Rules 2005.

I continue that order (pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008.)

 

Fee Award

In remitting the appeal this remains an issue for the First-tier Tribunal dependent on the outcome of the appeal.

 

 

Signed:

Deputy Judge of the Upper Tribunal (IAC)

 

Dated: 20 ^th December 2019