EA/02923/2015 & Ors.

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: EA/02923/2015
EA/02924/2015, EA/02926/2015
EA/02927/2015, EA/02928/2015


THE IMMIGRATION ACTS


Determined at Field House
Decision & Reasons Promulgated
On the papers 14th March 2018
On 15th March 2018



Before

UPPER TRIBUNAL JUDGE RIMINGTON


Between

Muhammad [Z], Abida [Z], [M M], [M Z] and [S Z]
(aNONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
None:


DECISION AND REASONS
1. In the light of Khan v Secretary of State for the Home Department [2017] EWCA Civ 1775, the First-tier Tribunal Judge was wrong in law to conclude that it did not have jurisdiction to hear the appeal.
2. On 19th January 2019, Upper Tribunal Judge Blum issued a decision indicating that the Tribunal was minded to find an error of law, set aside the decision of the First-tier Tribunal Judge and remit the case to the First-tier Tribunal Judge. Any party opposed to this course was directed to inform the Tribunal in writing not later than 28 days from the date that direction was sent by the Upper Tribunal. There has been no communication from either party, save for a request by the Appellant's representatives that the hearing date set for 21st March 2018 be vacated, and I have therefore proceeded to a decision as to whether there is an error of law.
3. The Judge erred materially for the reasons identified. I set aside the decision pursuant to Section 12(2)(a) of the Tribunals Courts and Enforcement Act 2007 (TCE 2007). Bearing in mind the nature and extent of the findings to be made the matter should be remitted to the First-tier Tribunal under section 12(2) (b) (i) of the TCE 2007 and further to 7.2 (b) of the Presidential Practice Statement.
4. The hearing of the 21st March 2018 in the Upper Tribunal is vacated.

Notice of Decision
The First-tier Tribunal made an error of law and his decision is set aside. The matter is remitted to the First-tier Tribunal.


Signed Helen Rimington Date 14th March 2018

Upper Tribunal Judge Rimington