AA/05494/2014 & Ors.

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: AA/05494/2014
AA/05493/2014
AA/05495/2014
AA/05496/2014
AA/05497/2014
AA/03533/2015


THE IMMIGRATION ACTS


Upper Tribunal
Decision & Reasons Promulgated
On 22 April 2016
On 02 September 2016



Before

UPPER TRIBUNAL JUDGE DAWSON


Between

IRIS [R]
DENNYS [R]
RAFAEL [R]
ANEBEL [C]
JOSE [O]
OMAR [R]
Appellant
And

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REASONS
1. The Appellants, citizens of El Salvador have been granted permission to appeal the decision of First-tier Tribunal Judge Maciel who dismissed their appeals on the basis that they would not be at risk on return to their country of origin.
2. The appeals were heard in the Upper Tribunal on 22 April 2016 by a Deputy Judge of the Upper Tribunal (DUTJ Archer). Unfortunately, due to ill health he has been unable to complete his written decision.
3. By letter dated 24 August 2016 the Appellants' solicitors wrote to the Upper Tribunal pointing out that the Presenting Officer had conceded the appeal on 22 April and that the judge had allowed the appeal at the hearing. The letter is accompanied by a copy of an email from a Senior Presenting Officer, Irwin Richards in terms that he had not opposed the appeal insofar as it alleged error of law by the First-tier Tribunal and that it had been agreed by both parties the matter should go back to the First-tier Tribunal for a full days hearing. He did not believe that any of the findings were to be preserved. He had no objection to the matter proceeding, yet agreed without the need for a further Upper Tribunal hearing.
4. Accordingly, I am satisfied that written reasons pursuant to Rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 is not required as the decision remitting the case to the First-tier Tribunal was made with the consent of the parties.
5. The decision of the First-tier Tribunal is set aside and the case remitted to the First-tier Tribunal for a further decision by a differently constituted tribunal.


Signed Date: 02 September 2016

Upper Tribunal Judge Dawson