AA/11269/2012

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The decision




Appeal Number: AA/11269/2012

UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER

THE IMMIGRATION ACTS

Field House Promulgated on 27 August 2013
22 August 2013


Before:
Upper Tribunal Judge Jordan

Between:
Momodou Njie
APPELLANT

and

The Secretary of State for the Home Department
RESPONDENT

REASONS FOR FINDING AN ERROR OF LAW

1. For the reasons I gave in my decision of 5 July 2013, I set aside the decision of Judge Plimmer made in the Upper Tribunal.
2. I gave as my provisional view that her reasons for finding an error of law were not susceptible to challenge and that, were I to be deciding the issue, I would adopt her reasoning for concluding there was an error on a point of law. I asked the parties to comment on that proposal. I have had no response.
3. I was also minded to direct that the appeal be re-heard before the First-tier Tribunal pursuant to paragraph 7.2(b) of the Practice Statements of 25 September 2012. Neither side has objected to this proposal.




DECISION

1. The First-tier Tribunal made an error of law requiring the decision to be re-made.
2. I direct that the re-making of the decision is made by the First-tier Tribunal, sitting at Bennett House.






ANDREW JORDAN
UPPER TRIBUNAL JUDGE