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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal No: E A/04020/2015

EA/04021/2015

EA/04022/2015

EA/04023/2015

THE IMMIGRATION ACTS

Before:

Upper Tribunal Judge Pitt

Between:

Ahtasham Azhar + 3

Appellant

and

Secretary of State for the Home Department

Respondent

Decision and Reasons

1.             The Tribunal issued a direction on 15 December 2017 requesting that the parties provide written reasons within 7 days as to why an error of law should not be found and the appeal remitted to the First-tier Tribunal following Khan v SSHD [2017] EWCA Civ 1755.

2.             No response was received from either party within 7 days. The respondent wrote opposing remittal on 29 December 2017 but gave no reason for the delay in respondent which, in the context of a 7 day time limit was significant. Time is not extended for the respondent's submissions of 29 December 2017.

3.             Even taking into account the submissions made in the respondent's letter of 29 December 2017, the Tribunal's view is that the law at present is that set out in Khan v SSHD [2017] EWCA Civ 1755 and that this requires an error of law to be found, the decision of the First-tier Tribunal set aside and the appeal remitted to the First-tier Tribunal.

4.             The decision of Designated Judge McCarthy discloses an error of law such that it is set aside and remitted to the First-tier Tribunal to be re-made de novo.

5.             The hearing listed for 31 January 2018 is vacated.

Signed: Dated: 23 January 2018

Upper Tribunal Judge Pitt