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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number:

UI-2022-001675 ( PA/04254/2020)

UI-2022-001684 (PA/04255/2020)

UI 2022-001686 ( PA/04257/2020)

 

 

THE IMMIGRATION ACTS

 

 

Done at Field House	Decision & Reasons Promulgated
On 12 December 2022	On 13 December 2022

 

Before

 

UPPER TRIBUNAL JUDGE PERKINS

 

 

Between

 

W U G E

J M R

C S E

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

DECISION AND REASONS

1.         Pursuant to rule 14 of the Tribun al Pro cedure (Upper Tribun al) R ules 2008, th e appellants are granted anon ymity. No-one shall pu blis h or reve al any inf orm ation, including the name or address of th e appellants or any of them, likel y to lead members o f th e public to ide ntify any appellant. F ailu re to com ply with this orde r could amount to a co ntempt of court. I make this order because this is a protection claim and publicity might create a risk that would not otherwise exist.

2.         The Appellants were given permission to appeal because it was thought arguable that the First-tier Tribunal Judge, in dismissing their appeals, had not given proper consideration to core documents.

3.         In a Rule 24 Reply drawn by Mr Stefan Kotas of the Respondent's Specialist Appeals Team the Respondent agreed that the First-tier Tribunal erred by failing to make a finding on material evidence and invited the Upper Tribunal to remit the appeal to the First-tier Tribunal for a de novo hearing.

4.         In the circumstances, and with the consent of the parties I determine this case without a hearing. I find that the First-tier Tribunal erred in law as indicated. I set aside its decision and I direct that the appeal be heard again, de novo, in the First-tier Tribunal by a different judge.

Notice of Decision

5.         The First-tier Tribunal erred in law.

6.         I set aside the decision of the First-tier Tribunal.

7.         I direct that the appeal be heard again, de novo, in the First-tier Tribunal by a different judge.

8.         The hearing listed at Field House on 13 December 2022 is vacated.

 

 

Jonathan Perkins

Signed
Jonathan Perkins
Judge of the Upper Tribunal	Dated 12 December 2022