Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/09314/2016
THE IMMIGRATION ACTS
Upper Tribunal Field House |
Decision & Reasons Promulgated |
On the papers |
On 21 st August 2018 |
|
|
Before
UPPER TRIBUNAL JUDGE KOPIECZEK
Between
TOPE ADESHINA ADEMOLA
Appellant
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
1. By direction dated 30 July 2018 Upper Tribunal Judge Pitt said that following the decisions in Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755 and SM (Algeria) v Entry Clearance Officer [2018] UKSC 9, and taking into account the respondent's stated view, she proposed to find an error of law in the decision of the First-tier Tribunal and remit the matter to the First-tier Tribunal for the decision to be re-made unless either party informed the Tribunal in writing that that party objects to that course.
2. Neither party having signified any such objection, I find an error of law in the decision of the First-tier Tribunal and remit the appeal to the First-tier Tribunal for a hearing de novo before a judge other than First-tier Tribunal Judge Thomas, with no findings preserved.
Upper Tribunal Judge Kopieczek 9/08/2018