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
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