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/07027/2019

 

 

THE IMMIGRATION ACTS

 

 

Determined without a hearing at Field House	Decision & Reasons Promulgated
On 19 January 2021	On 28 January 2021

 

Before

 

UPPER TRIBUNAL JUDGE PERKINS

 

 

Between:

 

M K S

(ANONIMITY ORDER MADE)

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

DETERMINATION AND REASONS

1)              In a "Decision on Error of Law and Further Directions" issued on 19 November 2021 Upper Tribunal Judge Macleman determined that the First-tier Tribunal had erred in law and set aside its decision.

2)              He also gave Directions inviting representation on the proper disposal of the appeal.

3)              No such representations have been received from the Respondent.

4)              The appellant has asked for the appeal to be determined again in the First-tier Tribunal.

5)              Given that the basis for setting aside the decision of the First-tier Tribunal was that the First-tier Tribunal had determined unlawfully that the appellant was not entitled to apply for asylum and had not determined the merits, if any, in his claim I see merit in remittal in order to keep open the appellant's rights of appeal. There has been no substantial consideration of the disputed facts in this appeal.

Notice of Decision

6)              The decision having been set aside, I allow the appeal and direct that the appeal be determined again in the First-tier Tribunal.

 

Signed	Jonathan Perkins
Judge of the Upper Tribunal		Dated 19 January 2021