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

Description: Description: Asylum and Immigration tribunal-b&w-tiff

THE IMMIGRATION ACTS

Before

UPPER TRIBUNAL JUDGE BRUCE

Between

Alex Oti Boateng

Appellant

And

Secretary of State for the Home Department

Respondent

For the Appellant: Mr Osei-Bonsu, Sponsor

For the Respondent: Mr Diwnycz, Senior Home Office Presenting Officer

DECISION AND REASONS

1.       The Appellant is a national of Ghana born on the 21 ^st June 1994. He appeals with permission against the decision of the First-tier Tribunal (Judge Mills) to dismiss his appeal against a refusal to issue him with a family permit to enable him to join his sponsor (his cousin) in the United Kingdom.

2.       Judge Mills' decision was dated the 14 ^th January 2022. In short he did not accept that the Appellant and the Sponsor were related as claimed. Permission to appeal to this Tribunal was granted by First-tier Tribunal Judge Beach on the 22 ^nd April 2022; Judge Beach thought it arguable that in reaching his decision Judge Mills may have overlooked some material evidence. By her Rule 24 response dated the 31 ^st May 2022 the Respondent agreed that this ground was made out: she invites me to set the decision of Judge Mills aside and to remit the matter to the First-tier Tribunal so that it may be heard afresh.

3.       At the hearing before me the Sponsor Mr Osei-Bonsu indicated that the Appellant was in agreement with this course of action. I therefore set aside the decision of Judge Mills by consent and remit the matter to the First-tier Tribunal for hearing de novo.

Decisions and Directions

4.       The decision of the First-tier Tribunal is set aside by consent.

5.       The decision in the appeal is to be remade in the First-tier Tribunal by a Judge other than Judge Mills.

Upper Tribunal Judge Bruce

17 ^th October 2022