EA/12218/2021

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/12218/2021
UI-2022-000321


THE IMMIGRATION ACTS


Heard at Bradford
Decision & Reasons Promulgated
On 29 July 2022
(Hybrid hearing)
On 22 September 2022




Before

UPPER TRIBUNAL JUDGE LANE


Between

Entry Clearance Officer Appellant

and

KUDIRAT AKOLADEKAZEEM ODEYEMI
Respondent


Representation:
For the Appellant: Mr Diwnycz, Senior Presenting Officer
For the Respondent: Mr Hussain


DECISION AND REASONS
1. I shall refer to the appellant as the respondent and the respondent as the appellant as they appeared respectively before the First-tier Tribunal.
2. The appellant is national of Nigeria who was born on 20 September 1976. She applied for a confirmation of a right to reside under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
3. The First-tier Tribunal is a decision promulgated on 7 January 2022, allowed the appeal. the Entry Clearance Officer now appeals, with permission, to the Upper Tribunal.
4. The grant of permission summarises the Entry Clearance Officer’s grounds as follows:
The grounds assert that the Judge erred in that; (1)there was a procedural irregularity in that the Judge was not provided with the Respondent bundle which had been served on the Tribunal by email dated 17/12/21, and (2)the Judge incorrectly followed the case of Akinsanya which was before the Court of Appeal at the time of the hearing.
5. The parties agree that the second ground is no longer the relevant; the Secretary of State lost her appeal in the Court of Appeal in Akinsanya [2022] EWCA Civ 37.
6. Mr Hussain, for Ms Odeyemi, agreed that ground one was made out and that the procedural irregularity required the appeal to be heard de novo.
7. In the circumstances, I set aside the First-tier Tribunal’s decision. None of the findings of fact shall stand. The appeal is returned to the First-tier Tribunal for that Tribunal to remake the decision following a hearing de novo.

Notice of Decision
The decision of the First-tier Tribunal is set aside. None of the findings of fact shall stand. The appeal is returned to the First-tier Tribunal for that Tribunal to remake the decision following a hearing de novo.
Listing Directions: return to First-tier Tribunal; first available date at Bradford; face to face; not Judge Meah; no interpreter.



Signed Date 29 July 2022

Upper Tribunal Judge Lane