DA/01268/2014
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The decision
IAC-FH-NL-V1
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: DA/01268/2014
THE IMMIGRATION ACTS
Heard at Field House
Determination Promulgated
On 14th January 2015
On 11th February 2015
Before
UPPER TRIBUNAL JUDGE D E TAYLOR
Between
disimua tukimona
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: In person
For the Respondent: Mrs A Holmes, Home Office Presenting Officer
DECISION AND DIRECTIONS
1. This is the Appellant's appeal against the decision of Judge Phillips made following a hearing at Kingston on 1st October 2014.
2. The Appellant appeals against the Respondent's decision of 29th May 2014 to make him the subject of a deportation order by virtue of Section 32(5) of the UK Borders Act 2007.
3. The Appellant did not appear at the hearing. The judge dismissed the Appellant's appeal and said that there was no explanation for his failure to attend.
4. The Appellant challenges the judge's decision on the basis that he was not given proper notice of hearing.
5. As realistically conceded by the Respondent's representative, the hearing notice had gone to Maidstone Prison but, by the date of the notice, the Appellant had been transferred to a detention centre.
6. Since the hearing notice went to the wrong address and the Appellant did not in fact receive it, although this is a full and well-reasoned determination I am satisfied that it ought to be set aside.
7. The appeal is therefore remitted to be heard before a different judge other than Judge Philips, at the Taylor House Hearing Centre. I understand it will be listed for a CMR when a final hearing date will be fixed.
Signed Date 14th January 2015
Upper Tribunal Judge Taylor
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: DA/01268/2014
THE IMMIGRATION ACTS
Heard at Field House
Determination Promulgated
On 14th January 2015
On 11th February 2015
Before
UPPER TRIBUNAL JUDGE D E TAYLOR
Between
disimua tukimona
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: In person
For the Respondent: Mrs A Holmes, Home Office Presenting Officer
DECISION AND DIRECTIONS
1. This is the Appellant's appeal against the decision of Judge Phillips made following a hearing at Kingston on 1st October 2014.
2. The Appellant appeals against the Respondent's decision of 29th May 2014 to make him the subject of a deportation order by virtue of Section 32(5) of the UK Borders Act 2007.
3. The Appellant did not appear at the hearing. The judge dismissed the Appellant's appeal and said that there was no explanation for his failure to attend.
4. The Appellant challenges the judge's decision on the basis that he was not given proper notice of hearing.
5. As realistically conceded by the Respondent's representative, the hearing notice had gone to Maidstone Prison but, by the date of the notice, the Appellant had been transferred to a detention centre.
6. Since the hearing notice went to the wrong address and the Appellant did not in fact receive it, although this is a full and well-reasoned determination I am satisfied that it ought to be set aside.
7. The appeal is therefore remitted to be heard before a different judge other than Judge Philips, at the Taylor House Hearing Centre. I understand it will be listed for a CMR when a final hearing date will be fixed.
Signed Date 14th January 2015
Upper Tribunal Judge Taylor