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

 

IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER

Case No: UI-2023-004693 First-tier Tribunal No: PA/50590/2023

 

 

THE IMMIGRATION ACTS

Decision & Reasons Issued:

On the 03 April 2024

 

Before

 

UPPER TRIBUNAL JUDGE SHERIDAN

 

Between

 

HM

(ANONYMITY DIRECTION CONTINUED)

Appellant

and

 

Secretary of State for the Home Department

Respondent

 

 

DECISION MADE WITHOUT A HEARING IN ACCORDANCE WITH RULE 3 4 of the Tribunal Procedure (Upper Tribunal) Rules 2008

 

1.              The appellant applied for permission to challenge a decision of Judge of the First-tier Tribunal Reed dated 24 September 2023. The grounds seek remittal to the First-tier Tribunal for a fresh decision before a different judge.

 

2.              On 23 October 2023 permission to appeal was granted by the First-tier Tribunal.

 

3.              On 8 November 2023 the respondent filed a Rule 24 response stating:

 

1.          The respondent to this appeal is the Secretary of State for the Home Department. Documents relating to this appeal should be sent to the Secretary of State for the Home Department, at the above address.

 

2.          The SSHD does not oppose the grounds as drafted which when considered cumulatively disclose material errors of law such that the decision of the FTTJ should be set aside and the matter remitted to the First tier Tribunal to be heard afresh.

 

4.              As the parties are in agreement that the decision of the First-tier Tribunal should be set aside and the case remitted to the First-tier Tribunal to be heard afresh, I will make a decision reflecting this.

DECISION

 

5.        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.

 

 

 

D. Sheridan

Upper Tribunal Judge Sheridan

Judge of the Upper Tribunal

Immigration and Asylum Chamber

 

27.3.2024