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

 

IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER	Case No: UI- 2022-000503 First-tier Tribunal No: PA/51774/2021 IA/03797/2021

 

THE IMMIGRATION ACTS

 

	Decision & Reasons Promulgated
	On the 14 February 2023

 

Before

 

UPPER TRIBUNAL JUDGE GRUBB

 

Between

 

MAXIMILIANO WIFREDO MARTINEZ CRUZ

(NO ANONYMITY ORDER MADE)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

Representation :

For the Appellant: Ms L King instructed by Migrant Legal Project

For the Respondent: Ms S Rushforth, Senior Home Office Presenting Officer

 

Heard at Cardiff Civil Justice Centre on 12 January 2023

 

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 respondent accepts there is an error of law on the basis of the grounds of appeal. The decision of the First-tier Tribunal dated 13 November 2021 is erroneous in law. I set it aside.
3. The appeal is remitted to be determined by the First-tier Tribunal de novo before a judge other than Judge Sweet.

 

Andrew Grubb

 

Judge of the Upper Tribunal

Immigration and Asylum Chamber

 

12 January 2023