Tribunal decisions

The decision

The Upper Tribunal
(Immigration and Asylum Chamber) Appeal numbers:
UI-2021-001424 [EA/03298/2021]
UI-2021-001425 [EA/03299/2021]
UI-2021-001426 [EA/03300/2021]
UI-2021-001427 [EA/03302/2021]

THE IMMIGRATION ACTS

Before

Upper Tribunal Judge Kebede

Between

IMA
AAH
QMH
AH
Appellants
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

DECISION AND REASONS
1. The appellants are nationals of Somalia and Turkey who have been granted permission to appeal against the decision of First-tier Tribunal Chohan, promulgated on 22 December 2021, dismissing their appeals against the respondent’s decisions of 3 March 2021 refusing to issue them with family permits under the EEA Regulations 2016 to join their sponsor in the UK. Their appeals have been listed for hearing in the Upper Tribunal on 6 May 2022.
2. In a Rule 24 response dated 7 March 2022 the respondent notified the Upper Tribunal that she did not oppose the appellants’ application for permission and invited the Tribunal to remit the matter to the First-tier Tribunal to be heard afresh in light of the accepted failure by the First-tier Tribunal Judge to take account of the entirety of the evidence before him.
3. In light of the concession made by the respondent in the Rule 24 response, the Tribunal issued a Notice of Intention to Set Aside, dated 26 April 2022, notifying the parties that it was minded, under rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (and compatibly with Practice Statement 7), to set aside the determination of First-tier Tribunal Judge Chohan without the need for an oral hearing and to remit the appeal to the First-tier Tribunal to be considered afresh. Directions were made for the parties to advise the Upper Tribunal if there were any objections to this course.
4. In an email response of 4 May 2022, the appellants’ solicitors advised the Upper Tribunal that they had no objection to the matter being remitted to the First Tier Tribunal.
5. In the circumstances, and given the terms of the directions issued to the parties, I set aside the decision of First-tier Tribunal Judge Chohan and remit the case to the First-tier Tribunal for the appeal to be heard de novo.
DECISION
6. The making of the decision of the First-tier Tribunal involved the making of an error on a point of law. The decision is set aside. The appeal is remitted to the First-tier Tribunal to be dealt with afresh, pursuant to section 12(2)(b)(i) of the Tribunals, Courts and Enforcement Act 2007 and Practice Statement 7.2(a), before any judge aside from Judge Chohan.

Signed: S Kebede
Upper Tribunal Judge Kebede Dated: 5 May 2022