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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> DA011132014 [2015] UKAITUR DA011132014 (21 December 2015)
URL: http://www.bailii.org/uk/cases/UKAITUR/2015/DA011132014.html
Cite as: [2015] UKAITUR DA11132014, [2015] UKAITUR DA011132014
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IAC-AH-LEM-V1
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: D A/01113/2014
THE IMMIGRATION ACTS
|
Determined at Field House |
Decision & Reasons Promulgated |
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On 18 th November 2015 |
On 21 st December 2015 |
|
|
|
Before
UPPER TRIBUNAL JUDGE COKER
DEPUTY UPPER TRIBUNAL JUDGE SAINI
Between
KADIR MIAH
Claimant
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
DETERMINATION BY CONSENT
Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:
Upon the parties agreement that the determination of the First-tier Tribunal promulgated on 14 th October 2014 discloses a material error of law, it is hereby order by consent that:
1. The judge applied the incorrect Immigration Rule in reaching his decision,
2. The determination is set aside with no findings preserved, and
3. The matter is remitted to be heard by a judge of the First-tier Tribunal other than Judge I. Ross.
The Secretary of State's appeal in the Upper Tribunal is therefore allowed. The decision of the First-tier Tribunal is set aside for legal error.
Signed Date
Deputy Upper Tribunal Judge Saini