HU/00631/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: HU/00631/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 6th March 2017
On 8th March 2017



Before

UPPER TRIBUNAL JUDGE FRANCES

Between

JHON FREDY PUERTA CARDONA
(anonymity direction NOT  MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: Ms A Jaja, instructed by Howe & Co Solicitors
For the Respondent: Mr I Jarvis, Home Office Presenting Officer


DECISION AND DIRECTIONS

1. The Appellant is a citizen of Colombia born on 5th October 1980. He appeals against the decision of First-tier Tribunal Judge J McMahon, dated 22nd August 2016, dismissing his appeal against the refusal of leave to remain under Appendix FM and on human rights grounds.

2. Mr Jarvis conceded that in the unusual circumstances of this case, the refusal of an adjournment was unfair. Both parties submitted that the matter should be remitted to the First-tier Tribunal.

3. I find that the judge’s refusal to adjourn the hearing was unfair in the particular circumstances of this case. The application for an adjournment was based on a material change in circumstances. The Respondent had not had the opportunity to consider the risk caused by the Zika virus on return to Colombia given the fact that the Appellant’s wife was pregnant.

4. I have decided in accordance with paragraph 7.2 of the Practice Statements of 25th September 2012 that the decision dated 22nd August 2016 should be set aside and the appeal remitted to the First-tier Tribunal. None of the judge’s findings are preserved.


DIRECTIONS

(i) The Tribunal is directed pursuant to section 12(3) of the Tribunals, Courts and Enforcement Act 2007 to reconsider the appeal at a hearing before a First-tier Tribunal Judge other than First-tier Tribunal Judge J McMahon.

(ii) I direct that the Appellant serve on the Respondent and the Tribunal any further evidence and submissions by 5th April 2017.

(iii) I direct that the Respondent review the application and serve a decision by 10th May 2017.

(iv) The matter is listed for a CMR before a First-tier Tribunal judge at the first available date after 21st June 2017.


J Frances

Signed
Date 6th March 2017
Upper Tribunal Judge Frances