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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/02377/2015

THE IMMIGRATION ACTS

Before

UPPER TRIBUNAL JUDGE KOPIECZEK

Between

Shehzad arshad

Appellant

and

ENTRY CLEARANCE OFFICER

Respondent

DECISION

1.              In her decision granting permission to appeal, in the light of the decision in Khan v Secretary of State for the Home Department [2017] EWCA Civ 175 Upper Tribunal Judge Kebede stated that she was minded to extend time for applying for permission to appeal, to find an error of law in the decision of the First-tier Tribunal and remit the appeal to the First-tier Tribunal.

2.              Neither party has dissented from those proposals within the 7 day time period given by Judge Kebede and on behalf of the appellant there is positive assent to them.

3.              Accordingly, it being agreed that there is an error of law in the decision of the First-tier Tribunal, the decision of the First-tier Tribunal is set aside and the appeal is remitted to the First-tier Tribunal for a hearing de novo before a judge other than First-tier Tribunal Judge Kelly.

4.              However, it appears to me that Judge Kelly's decision gives an incorrect date of decision and refers to the respondent as the Secretary of State. In fact, it appears that the decision is a refusal of entry clearance dated 18 September 2015. However, that does not affect the error of law, set aside and remittal.

5.              In so far as human rights issues are relevant, it further appears to me that Judge Kelly was correct in what he said about Amirteymour although the operative decision is now that of the Court of Appeal in Amirteymour v The Secretary of State for the Home Department [2017] EWCA Civ 353.

Upper Tribunal Judge Kopieczek 13/03/18