Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/02632/2017
THE IMMIGRATION ACTS
Heard at Field House |
Decision & Reasons Promulgated |
On 7 th August 2018 |
On 22 nd August 2018 |
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Before
DEPUTY UPPER TRIBUNAL JUDGE DAVIDGE
Between
FAISAL TAHSEEN ZAIGHAM
(anonymity direction not made)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellant: No representation
For the Respondent: Mr I Jarvis, Senior Home Office Presenting Officer
DECISION AND REASONS
EXTEMPORE JUDGMENT
Notice of the Extempore Decision
1. Rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (statutory instrument 2008/2698 as amended) applies to this decision.
2. This appeal concerned an EEA claim.
3. The parties were agreed that the judge fell into error for the reasons set out in the grant of permission to the point that the documents the FtTJ thought were absent, and which caused him to dismiss the appeal, were in fact available and the appeal should have been allowed.
4. By consent the appeal to the Upper Tribunal is allowed as follows:
(1) The First-tier Tribunal is infected by error of law and set aside;
(2) I remake the decision allowing the Appellant's appeal on EEA grounds.
No anonymity direction is made.
Signed Date 07 August 2018
Deputy Upper Tribunal Judge Davidge
TO THE RESPONDENT
FEE AWARD
As I have allowed the appeal and because a fee has been paid or is payable, I have considered making a fee award and have decided to make no fee award for the following reason: none has been requested.