EA/02665/2015

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The decision


Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/02665/2015

THE IMMIGRATION ACTS

Heard at Field House
Decision & Reasons Promulgated
On 10 January 2018
On 29 January 2018




Before

DEPUTY UPPER TRIBUNAL JUDGE I A LEWIS

Between

mohammad ibrahim
(anonymity direction not made)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: No appearance and no representative
For the Respondent: Mr N Bramble, Home Office Presenting Officer


DECISION AND REASONS

1. This is an appeal against the decision of Designated First-tier Tribunal Judge Woodcraft promulgated on 13 March 2017, brought with the permission of Designated First-tier Tribunal McCarthy granted on 25 October 2017.

2. Judge Woodcraft declined to engage with the facts and issues in the appeal in reliance upon the case of Sala (EFMs: Right of Appeal: Albania) [2016] UKUT 411 (IAC).


3. The decision in Sala has since been overturned by the Court of Appeal in MK v Secretary of State for the Home Department [2017] EWCA Civ 1755. The effect is that the Respondent now acknowledges that the decision of the First-tier Tribunal should be set aside for error of law and the appeal be heard afresh before the First-tier Tribunal with all issues under the EEA Regulations at large.

4. I agree that that is the appropriate approach.

5. It does seem to me that the appeal can be reheard by any Judge - including Judge Woodcraft who did not engage with the evidence or make any findings of fact. Notwithstanding this observation, it is a matter for Listing as to who should now remake the decision in the appeal.

Notice of Decision

6. The decision of the First-tier Tribunal is vitiated for error of law.


7. The decision in the appeal is to be remade before the First-tier Tribunal by any Judge with all issues at large.


8. No anonymity direction is sought or made.


The above represents a corrected transcript if ex tempore reasons given at the conclusion of the hearing.



Signed: Date: 26 January 2018

Deputy Upper Tribunal Judge I A Lewis