Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> EA109942016 [2018] UKAITUR EA109942016 (7 December 2018)
URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA109942016.html
Cite as: [2018] UKAITUR EA109942016
[New search] [Printable PDF version] [Help]
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/10994/2016
THE IMMIGRATION ACTS
|
Heard at the Royal Court of Justice |
Decision & Reasons Promulgated |
|
On 3 rd December 2018 |
On 7 th December 2018 |
|
|
|
Before
UPPER TRIBUNAL JUDGE COKER
Between
LAELSON PESSOA DE ASSIS JUNIOR
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation
For the appellant: Mr J Plowright counsel instructed by Mentor Legal
For the respondent: Mr D Clarke, Senior Home Office Presenting Officer
DETERMINATION BY CONSENT
Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:
Upon the determination by First-Tier Tribunal Judge Watson promulgated on 1 st February 2018 disclosing a material error of law, the appellant and his legal representatives not having been notified of the hearing date, and being set aside on 3 rd December 2018.
And upon the parties agreeing that the appellant has not had the benefit of an appeal and that the proper course is for the appeal to be remitted to the First-tier Tribunal for re-hearing, no findings preserved.
The appeal in the Upper Tribunal is allowed. The decision of the First-tier Tribunal is set aside for legal error. The appeal against the decision giving rise to the appeal in the First-tier Tribunal is remitted to the First-tier Tribunal.
Signed Date 3 rd December 2018
Upper Tribunal Judge Coker