EA/07545/2016

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The decision


Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/07545/2016

THE IMMIGRATION ACTS

Heard at Field House
Decision & Reasons Promulgated
On 25 April 2018
On 1 May 2018
Extempore


Before

UPPER TRIBUNAL JUDGE RINTOUL

Between

mr omar saleem
(ANONYMITY DIRECTION NOT MADE)
Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: The Appellant in person
For the Respondent: Mr P Deller, Home Office Presenting Officer


DECISION AND REASONS

1. This is a case in which the First-tier Tribunal refused the appellant's appeal on the sole basis of the decision in Sala [2016] UKUT 411. It is now accepted that the decision in Sala was incorrectly decided - see SM (Algeria)v ECO [2018] UKSC 9. It therefore follows that the decision of the First-tier Tribunal involved the making of an error of law and I set it aside.
2. As there was no proper consideration of the appellant's appeal, and findings of fact I remit the decision to the First-tier Tribunal for a fresh decision on all issues.



Notice of Decision

1. The decision of the First-tier Tribunal involved the making of an error of law and I set it aside.
2. I remit the appeal to the First-tier Tribunal for a fresh decision on all issues.



Signed Date 27 April 2018

Upper Tribunal Judge Rintoul