AA/09553/2014 & AA/09552/2014

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: AA/09553/2014
aa/09552/2014


THE IMMIGRATION ACTS


Heard at Manchester
Decision & Reasons Promulgated
On 29th July, 2016 and sent
to Promulgations section
on 8th August, 2016
On 9th August, 2016



Before

Upper Tribunal Judge Chalkley


Between

c t p v
r p j K
(ANONYMITY DIRECTION made)
Appellants
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellants: Ms S Anzani of Counsel instructed by Nag Law Solicitors
For the Respondent: Mr G Harrison, Home Office Presenting Officer


DECISION AND REASONS

1. The appellants are citizens of Sri Lanka. The first named appellant was born on [ ] 1985 and the second named appellant is his wife who was born on [ ] 1988. The fist appellant entered the United Kingdom on 3rd December, 2011 and claimed asylum on 10th October, 2013. The second appellant's appeal falls to be decided in line with the first appellant's. Both appellants appeal against the decision of the respondent taken in the case of both of them on 24th October, 2014 to direct their removal as illegal entrants.

2. The appellants' appealed to the First Tier Tribunal and their appeals had been heard on 21st September, 2015 in Manchester by First-tier Tribunal Judge Manuel. Unfortunately, both representatives were in agreement that in her determination, at paragraph 52 she made an error of law.

3. The judge referred to the fact that a letter was placed before her dated 29th May, 2015 from advocates in Sri Lanka. Unfortunately, she does not actually deal with the letter by explaining its contents or purpose. Both representatives agreed that the determination could not stand and invited me to remit it for hearing afresh by a judge of the First-tier Tribunal other than First-tier Tribunal Judge Manuel.

4. I am satisfied that the determination does contain an error of law and the most efficient and effective means of dealing with this matter are for it to be remitted to the First-tier Tribunal for hearing de novo by a judge other than First Tier Tribunal Judge Manuel. No findings shall stand. A Sri Lankan Sinhalese interpreter will be required and three hours should be allowed for the hearing of the appeal.

Notice of Decision

The appeal is remitted to the First Tier Tribunal for hearing afresh by a judge other than Judge Manuel.

Richard Chalkley
Upper Tribunal Judge Chalkley