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

Upper Tribunal

(Immigration and Asylum Chamber) Case No: UI-2023-003807

First-tier Tribunal No: PA/52587/2022

THE IMMIGRATION ACTS

Before

UPPER TRIBUNAL JUDGE PITT

Between

QTH

(ANONYIMITY DIRECTION MADE)

Appellant

and

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

DECISION AND REASONS

1.              The appellant's appeal on protection grounds was refused by First-tier Tribunal Judge Moon on 5 May 2023. First-tier Tribunal Judge Cox granted permission to appeal that decision to the Upper Tribunal on 7 September 2023.

2.              On 14 September 2023 the respondent provided a Rule 24 response indicating that the grounds had merit and were not opposed and indicating that the appropriate disposal was a fresh hearing in the First-tier Tribunal.

3.              On 27 September 2023, directions were issued by the Upper Tribunal indicating that the appeal was not opposed and directing a response from the appellant within 21 days if there was an objection to the decision of the First-tier Tribunal being found to show error of law and being set aside and the matter remitted to the First-tier Tribunal for a fresh hearing. There was no response.

4.              As a result of these matters, the Upper Tribunal finds an error of law in the decision of the First-tier Tribunal as identified in the grounds and the Rule 24 notice and sets that decision aside entirely to be remade afresh in the First-tier Tribunal.

Notice of Decision

5.              The decision of the First-tier Tribunal discloses an error of law and is set aside to be remade afresh in the First-tier Tribunal.

Signed: S Pitt Date: 29 December 2023

Upper Tribunal Judge Pitt