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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number:    PA/05311/2018

 

 

THE IMMIGRATION ACTS

 

 

Heard at Cardiff Civil Justice Centre Decision & Reasons Promulgated

On 25 July 2019 On 30 July 2019

 

 

Before

 

UPPER TRIBUNAL JUDGE GRUBB

DEPUTY UPPER TRIBUNAL JUDGE J F W PHILLIPS

 

 

Between

 

M W

(Anonymity Direction in force)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Ms Z Harper instructed by Migrant Legal Project (Cardiff)          

For the Respondent: Mr C Howells, Senior Home Office Presenting Officer      

 

 

NOTICE OF DECISION

1.              Both subparagraphs of rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698 as amended) apply to this decision.

2.              The decision of the First-tier Tribunal sent on 15 January 2019 is erroneous in law. We set it aside.

3.              The appeal is remitted to be determined by the First-tier Tribunal de novo at an oral hearing before a judge other than Judge A E Walker.

 

Signed

A Grubb

Judge of the Upper Tribunal

25 July 2019