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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 >> EA020972017 [2018] UKAITUR EA020972017 (5 October 2018)
URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA020972017.html
Cite as: [2018] UKAITUR EA020972017, [2018] UKAITUR EA20972017
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: Ea/02097/201 7
THE IMMIGRATION ACTS
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Heard at Field House |
Decision Promulgated |
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On 1 October 2018 |
On 5 October 2018 |
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Before
UPPER TRIBUNAL JUDGE KOPIECZEK
Between
SHAHZAIB SYED
Appellant
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellant: Mr M. Sowerby, Counsel
For the Respondent: Mr L. Tarlow, Senior Home Office Presenting Officer
DECISION PURSUANT TO RULE 40(3)(a) OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008
1. The appellant appealed to the First-tier Tribunal ("FtT") against a decision to refuse a residence card as confirmation of a retained right of residence. The FtT dismissed the appellant's appeal. Permission to appeal against the FtT's decision was granted to the appellant and thus the appeal came before me.
2. At the hearing before me it was agreed between the parties that the FtT did materially err in law as contended in the grounds of appeal in relation to the decision of the FtT and that in consequence its decision should be set aside with the appeal being remitted to the FtT for a hearing de novo.
3. In the circumstances, and considering the decision of the FtT, the grounds of appeal in relation to its decision, the grant of permission to appeal, and all other relevant documentation, I set aside the decision of the FtT and remit the appeal to the FtT for a hearing de novo before a differently constituted First-tier Tribunal.
4. It was agreed between the parties that the following findings of fact (as quoted) made by the FtT are to be preserved, with paragraph numbers of the FtT's decision in brackets:
(i) "On the evidence it appears that Mrs Nyiri was a 'qualified person' at the date of the termination of the marriage." [9]; and
(ii) "The various documents demonstrate that the appellant has been living in accordance with these Regs, from 2015 through to 2018." [13].
5. Pursuant to rule 40(3)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008, no reasons (or further reasons) are required, the decision being made with the consent of the parties.
Upper Tribunal Judge Kopieczek 1/10/18