DA/00874/2011

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The decision


Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: DA/00874/2011


THE IMMIGRATION ACTS


No hearing
Promulgated on
3 June 2013
6 June 2013



Before

Mr C M G Ockelton, Vice President



Between

ALFRED PRIFTI

Appellant
and


THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


DECISION AND REMITTAL

1. The appellant, whose nationality is disputed, appealed to the First-tier Tribunal against the decision of the respondent making a deportation order against him. His appeal was heard by Judge Easterman and Mr Armitage. A determination was issued that was expressly that of Judge Easterman alone.

2. On 10th May I wrote to the parties as follows:

“This appeal was heard by a panel consisting of Judge Easterman and Mr Armitage. The judge drafted and issued a determination under the mistaken impression (a) that Mr Armitage had resigned from the Tribunal, and (b) that a person who has resigned cannot take any part in the completion of a decision following a hearing before his resignation. Neither proposition is true.

Permission to appeal to the Upper Tribunal has been granted solely on the basis of unfairness or procedural irregularity arising from the issuing of a determination by one person following an appeal heard by two people. It seems to me that in the circumstances the appropriate course of action is for the appeal to the Upper Tribunal to be allowed and for the appeal to be remitted to the First-tier Tribunal with a direction that the latter make and issue a determination that is the determination of both those who heard the appeal. If that is done, the new determination will of course carry a right of appeal under s 11 of the 2007 Act.

Any proposal to the contrary must be made within seven days of the date of this letter.”


3. No response has been received.

4. The appeal to the Upper Tribunal is allowed. The appeal is remitted to the First-tier Tribunal.

5. Judge Easterman and Mr Armitage are directed to issue a determination that is the determination of the panel that heard the appeal.






C M G OCKELTON
VICE PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Date: 3 June 2013