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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU/15747/2019

 

THE IMMIGRATION ACTS

 

Heard at Cardiff Civil Justice Centre	Decision & Reasons Promulgated:
On 16 September 2021	08 November 2021

 

Before

 

UPPER TRIBUNAL JUDGE GRUBB

 

Between

 

DELANEY MAKIA AKWO-NKWELLE

Appellant

and

 

THE ENTRY CLEARANCE OFFICER, SHEFFIELD

Respondent

 

Representation :

For the Appellant: Mr H Dieu instructed by Edward Marshall Solicitors

For the Respondent: Mr M Dwinycz, 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 (Judge Cohen) sent out on 10 February 2021 is erroneous in law. I 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 Cohen at the Newport Hearing Centre.

 

Signed

A Grubb

Judge of the Upper Tribunal

16 September 2021