EA/03580/2021 & EA/03600/2021

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER

Case No: UI-2021-001656
UI-2021-001657
First-tier Tribunal No: EA/03580/2021
EA/03600/2021


THE IMMIGRATION ACTS


Decision & Reasons Issued:
On the 28 March 2023


Before

UPPER TRIBUNAL JUDGE BRUCE


Between

Michael Akuoko
Godfred Abedi
(no anonymity order made)
Appellant
and

Secretary of State for the Home Department
Respondent


DECISION
1. The Appellants are nationals of Ghana, born respectively on the 19th January 2001 and the 5th December 2000.
2. By its decision dated the 10th November 2021 the First-tier Tribunal (Judge Cary) dismissed their linked appeals under the Immigration (European Economic Area) Regulations 2016
3. The Appellants were granted permission to appeal against that decision on the 22nd December 2021 by First-tier Tribunal Judge Chowdhury.
4. By her ‘Rule 24’ response dated the 14th February 2022 the Respondent indicated that she does not oppose the appeal. In particular it is accepted that there has arisen procedural unfairness in that the Appellants had submitted pertinent evidence which does not appear to have been before Judge Cary when the decision was taken.
5. Given the nature of the accepted error it is appropriate that this matter is remitted to the First-tier Tribunal for remaking de novo. The matter will be listed at Taylor House on a date to be notified, by a judge other than Judge Cary.



Upper Tribunal Judge Bruce
14th February 2023