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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/10994/2016

 

THE IMMIGRATION ACTS

 

 

Heard at the Royal Court of Justice	Decision & Reasons Promulgated
On 3 rd December 2018	On 7 th December 2018

 

Before

 

UPPER TRIBUNAL JUDGE COKER

 

 

Between

 

LAELSON PESSOA DE ASSIS JUNIOR

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation

For the appellant: Mr J Plowright counsel instructed by Mentor Legal

For the respondent: Mr D Clarke, Senior Home Office Presenting Officer

 

 

DETERMINATION BY CONSENT

Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:

Upon the determination by First-Tier Tribunal Judge Watson promulgated on 1 ^st February 2018 disclosing a material error of law, the appellant and his legal representatives not having been notified of the hearing date, and being set aside on 3 ^rd December 2018.

And upon the parties agreeing that the appellant has not had the benefit of an appeal and that the proper course is for the appeal to be remitted to the First-tier Tribunal for re-hearing, no findings preserved.

The appeal in the Upper Tribunal is allowed. The decision of the First-tier Tribunal is set aside for legal error. The appeal against the decision giving rise to the appeal in the First-tier Tribunal is remitted to the First-tier Tribunal.

 

 

Signed Date 3 ^rd December 2018

Upper Tribunal Judge Coker