(Immigration and Asylum Chamber) Appeal Number: EA/10994/2016
THE IMMIGRATION ACTS
Heard at the Royal Court of Justice
Decision & Reasons Promulgated
On 3rd December 2018
On 7th December 2018
UPPER TRIBUNAL JUDGE COKER
LAELSON PESSOA DE ASSIS JUNIOR
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the appellant: Mr J Plowright counsel instructed by Mentor Legal
For the respondent: Mr D Clarke, 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 Watson promulgated on 1st February 2018 disclosing a material error of law, the appellant and his legal representatives not having been notified of the hearing date, and being set aside on 3rd December 2018.
And upon the parties agreeing that the appellant has not had the benefit of an appeal and that the proper course is for the appeal to be remitted to the First-tier Tribunal for re-hearing, no findings preserved.
The appeal in 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 in the First-tier Tribunal is remitted to the First-tier Tribunal.
Signed Date 3rd December 2018
Upper Tribunal Judge Coker