EA/07274/2016 & EA/07275/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/07274/ 2016
EA/07275/ 2016


THE IMMIGRATION ACTS


Done at Field House
Decision & Reasons Promulgated
On 3 April 2019
On 4 April 2019



Before

UPPER TRIBUNAL JUDGE PERKINS


Between

ASIF JAVED & IFTIKAR HUSSAIN
Appellants
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DETERMINATION AND REASONS
1. In a Notice of Decision of Application for Permission to Appeal re-dated 1 March 2019 I ruled that, in my judgement, following Khan v SSHD [2017] EWCA Civ 1755, the First-tier Tribunal had erred in law and the decisions should be set aside and the appeals redetermined in the First-tier Tribunal.
2. I Directed the parties to indicate if they opposed that view not later than 7 days after the decision to give permission was sent.
3. There has been no response to those Directions.
4. I find that the First-tier Tribunal erred in law. I set aside its decision and I direct that the appeals be heard again in the First-tier Tribunal.
5. Notice of Decision
6. To the extent indicated, these appeals are allowed.



Signed

Jonathan Perkins
Judge of the Upper Tribunal

Dated 3 April 2019