(Immigration and Asylum Chamber) Appeal Number: EA/03030/2018
THE IMMIGRATION ACTS
Heard Manchester CJC
Decision & Reasons Promulgated
On 17th December 2018
On 4th January 2019
UPPER TRIBUNAL JUDGE COKER
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the appellant: Ms Rakhimjonova of Sterling Lawyers Ltd
For the respondent: Mr A McVeety, Senior Home Office Presenting Officer
DETERMINATION BY CONSENT
Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:
Upon the determination by First-Tier Tribunal Judge Geraint Jones QC promulgated on 18th June 2018 disclosing a material error of law and being set aside on 17th December 2018.
And upon the parties agreeing that the appeal should be remitted to the First-tier Tribunal for a fresh hearing with no findings preserved, the appeal is allowed.
The appeal to the Upper Tribunal is allowed. The decision of the First-tier Tribunal is set aside for legal error. The appeal against the decision giving rise to the appeal is to be heard fresh in the First-tier Tribunal with no findings preserved.
Signed Date 18th December 2018
Upper Tribunal Judge Coker