Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: UI-2022-002054
(PA/00035/2021)
THE IMMIGRATION ACTS
Heard at Cardiff Civil Justice Centre On the 8 September 2022 |
Decision & Reasons Promulgated On the 11 October 2022 |
Before
UPPER TRIBUNAL JUDGE GRUBB
Between
A S
(Anonymity Direction in force)
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellant: Mr K Gayle, Elder Rahimi Solicitors
For the Respondent: Ms S Rushforth, Senior Home Office Presenting Officer
NOTICE OF DECISION
1. Both subparagraphs of rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698 as amended) apply to this decision.
2. The grounds of appeal are conceded by the respondent. The decision of the First-tier Tribunal sent out on 13 January 2022 is erroneous in law. I set it aside.
3. The appeal is remitted to be determined by the First-tier Tribunal de novo at an oral hearing before a judge other than Judge Lester.
Signed
Andrew Grubb
Judge of the Upper Tribunal Date 8 September 2022