(Immigration and Asylum Chamber) Appeal Number: EA/01877/2020
THE IMMIGRATION ACTS
Determined without a hearing at Field House
Decision and reason promulgated on
On 2 August 2021
On 20 August 2021
UPPER TRIBUNAL JUDGE PERKINS
SECRETARY OF STATE FOR THE HOME DEPARTMENT
DETERMINATION AND REASONS
1) The appellant is represented by Adam Bernard Solicitors.
2) The parties agree that the First-tier Tribunal erred in law and that the appeal should be remitted to the First-tier Tribunal to be redetermined.
3) The First-tier did err. At the very least the Judge should not have ruled that the marriage was a marriage of convenience when the Respondent had not raised the point without first giving the Appellant an opportunity to deal with the concerns.
4) Notwithstanding the protracted history, redetermination in the First-tier Tribunal is appropriate as redetermination in the Upper Tribunal would restrict the appellant's rights of appeal which, I find, would be unfair in this case.
5) Pursuant to rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008, with the agreement of the parties, I set aside the decision of the First-tier Tribunal and direct that the appeal be heard again in the First-tier Tribunal.
Upper Tribunal Judge
2 August 2021