HU/01770/2021
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The decision
IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2022-003063
First-tier Tribunal No: HU/01770/2021
THE IMMIGRATION ACTS
Decision & Reasons Issued
On the 09 March 2023
Before
UPPER TRIBUNAL JUDGE GRUBB
Between
ALEXANDER NNANNA
(NO ANONYMITY ORDER MADE)
Appellant
and
THE ENTRY CLEARANCE OFFICER, SHEFFIELD
Respondent
Representation:
For the Appellant: Mr Y Malik, TMC Solicitors
For the Respondent: Ms S Rushforth, Senior Home Office Presenting Officer
Decided without a hearing under rule 34 at Cardiff Civil Justice Centre on 26 January 2023
NOTICE OF DECISION
1. The parties agree that the appeal should be decided without a hearing under rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698) (“UT Rules 2008”).
2. Both subparagraphs of rule 40(3) of the UT Rules 2008 apply to this decision.
3. The respondent accepts there is an error of law on the basis of the grounds of appeal. The decision of the First-tier Tribunal sent out on 28 March 2022 is erroneous in law. I set it aside.
4. The appeal is remitted to be determined by the First-tier Tribunal de novo before a judge other than Judge Cameron.
Andrew Grubb
Judge of the Upper Tribunal
26 January 2023