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

IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER

Case No: UI-2023-000956 First-tier Tribunal No: PA/54354/2021 IA/13007/2021

 

THE IMMIGRATION ACTS

 

Decision & Reasons Issued:

On the 10 July 2023

 

Before

 

UPPER TRIBUNAL JUDGE SHERIDAN

 

Between

 

JPK

(ANONYMITY DIRECTION MADE)

Appellant

and

 

Secretary of State for the Home Department

Respondent

 

 

 

 

 

Representation :

For the Appellant: Ms Norman, instructed by Polpitiya & Co. Solicitors

For the Respondent: Ms Cunha, Senior Home Office Presenting Officer

 

Heard at Field House on 10 July 2023

 

­ Order Regarding Anonymity

 

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellant is granted anonymity. No-one shall publish or reveal any information, including the name or address of the appellant, likely to lead members of the public to identify the appellant. Failure to comply with this order could amount to a contempt of court .

 

CONSENT ORDER

 

1.       In a Rule 24 response dated 7 July 2023, the respondent conceded that the judge (Judge of the First-tier Tribunal Davey) materially erred by giving legally inadequate reasons for not finding the appellant credible. Before me, both Ms Norman and Ms Cunha expressed the view that the case should be remitted to the First-tier Tribunal to be heard afresh with no findings preserved. They also were in agreement that this appeal could be decided by way of a consent order.

 

2.       Pursuant to Rules 39 and 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 I make the following order:

 

The decision of the First-tier Tribunal is set aside and the appeal is remitted to the First-tier Tribunal to be made afresh by a different judge with no findings preserved.

 

 

 

 

D. Sheridan

 

Upper Tribunal Judge Sheridan

 

Judge of the Upper Tribunal

Immigration and Asylum Chamber

 

 

10 July 2023