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

 

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU/06806/2018

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision & Reasons Promulgated
On 18 February 2019	On 6 March 2019

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE SHERIDAN

 

 

Between

 

Kyunghwan Cha

(ANONYMITY DIRECTION not made)

 

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

 

Representation :

 

For the Appellant: Mr R Parkin of Counsel instructed by David Wyld & Co Solicitors

For the Respondent: Ms K Pal, Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1.              This is an appeal against the decision of Judge of the First-tier Tribunal Samimi that was promulgated on 8 November 2018.

2.              At the start of the hearing both parties agreed that there had been an error of law and submitted that the appeal should be remitted to the First-tier Tribunal to be heard afresh. The reason there is agreement as to there having been an error of law is that the judge applied a version of paragraph 276B of the Immigration Rules that had been superseded and was not applicable.

3.              I agree with the parties and therefore remit the appeal to the First-tier Tribunal to be heard afresh before a different judge.

4.              No anonymity direction is made.

 

Decision

 

a. The decision of the First-tier Tribunal contains a material error of law and is set aside.

 

b. The appeal is remitted to the First-tier Tribunal to be heard afresh before a different judge.

 

 

 

Signed
Deputy Upper Tribunal Judge Sheridan	Dated: 4 March 2019