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

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THE IMMIGRATION ACTS

Decision Issued:

On 30 May 2023

Before

UPPER TRIBUNAL JUDGE RINTOUL

Between

RAMISA SALAHUDDIN

(NO ANONYMITY ORDER MADE)

Appellant

and

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

DECISION AND REASONS

1. The respondent has, in her Rule 24 response, indicated that she does not oppose the appeal and considers that remittal to the First-tier Tribunal for a fresh decision on all issues is the appropriate course of action. The appellant's representatives have, in their email of 16 May 2023 agreed to that course of action.
2. In light of this correspondence, and having considered the file, I am satisfied that the decision of the First-tier Tribunal involved the making of the error of law for the reasons set out in the grounds and that the appropriate course of action, given that there will effectively have to be fresh findings on all facts that, the appeal should be remitted to the First-tier Tribunal for a fresh decision on all issues. In the light of the parties' positions, I am satisfied that I can reach such a finding without the need for an oral hearing which would serve no purpose in the circumstances.

DECISION AND DIRRECTIONS

1. The hearing listed on 7 June 2023 is vacated.
2. The decision of the First-tier Tribunal involved the making of an error of law and I set it aside.
3. I remit the appeal to the First-tier Tribunal for a fresh decision on all issues; none of the findings made in the previous decisions are preserved.

Signed Date: 16 May 2023

Jeremy K H Rintoul

Upper Tribunal Judge Rintoul