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

THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 21 ^st October 2024

Before

UPPER TRIBUNAL JUDGE LANE

Between

EMBI BAKALLI

(NO ANONYMITY ORDER MADE)

Appellant

and

Secretary of State for the Home Department Respondent

Representation:

For the Appellant: Mr J Collins

For the Respondent: Ms Gilmour, Senior Presenting Officer

Heard at Field House on 16 October 2024

DECISION AND REASONS

1.       The appellant is a citizen of Albania born on 9th August 1984. He appealed to the First-tier Tribunal against a decision of the respondent dated 18 January 2023 refusing his application for leave to remain in the United Kingdom. The First-tier Tribunal dismissed his appeal. He now appeals to the Upper Tribunal.

2.       At the initial hearing before the Upper Tribunal, Ms Gilmour, Senior Presenting Officer for the respondent, told me that the Secretary of State now accepts that the First-tier Tribunal erred in law such that its decision should be set aside. In particular, the judge had failed to have any or any adequate regard for the best interests of the appellant's child pursuant to Section 55 of the Borders, Citizenship and Immigration Act 2009. I agree that the judge's analysis is in general inadequate as regards the child, its best interests and the likely effects of removal to Albania. Accordingly, I set aside the decision together with all the findings of fact and return the appeal to the First-tier Tribunal for that Tribunal to remake the decision following a hearing de novo.

Notice of Decision

The decision of the First-tier Tribunal is set aside. The appeal is returned to the First-tier Tribunal for that Tribunal to remake the decision following a hearing de novo.

C. N. Lane

Judge of the Upper Tribunal

Immigration and Asylum Chamber

Dated: 16 October 2024