AA/02110/2015

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Appeal No. AA/02110/2015


THE IMMIGRATION ACTS

At Field House
Promulgated
On papers
13 September 2016


Before

UPPER TRIBUNAL JUDGE O'CONNOR


DTI
(Anonymity Order Made)
Appellant
v

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION
1. This appeal was heard by a Deputy Judge of the Upper Tribunal in North Shields on 7 March 2016. As explained in the Tribunal's letter to the parties dated 11 August 2016, the judge has been unwell and unable to complete his written decision.
2. According to a letter dated 17 August 2016 from Iris Law Firm:
"? during the oral hearing SIJ Archer did dictate his decision orally to the parties and concluded that the decision of the FtT be set aside and was remitted to the FtT for a de novo hearing."
3. Rule 40(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008 provides that the Upper Tribunal may give a decision orally at a hearing. Rule 40(3) provides that the Upper Tribunal must provide written reasons for its decision with a decision notice unless the parties have consented to the Upper Tribunal not giving written reasons.
4. In a document dated 24 August 2016, authored by UTJ Dawson and headed 'Memorandum and Directions' the parties were invited, on the basis of the terms of the aforementioned letter of the 17 August 2016, to consent to the waiver of written reasons in this case. Both parties have responded, providing such consent.
5. The requirement for written reasons has been waived.
6. In the circumstances, pursuant to the decision given orally by Judge Archer on 7 March 2016, the FtT's decision contains an error of law and is set aside. The appeal is remitted to the FtT to determine afresh.


Signed Date 13 September 2016


Upper Tribunal Judge O'Connor