HU/08259/2019

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The decision


IAC-AH-SC-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: HU/08259/2019


THE IMMIGRATION ACTS


Determined on the Papers at Field House
Decision & Reasons Promulgated
On 20 November 2020
On 09 December 2020




Before

UPPER TRIBUNAL JUDGE ALLEN

Between

SEBASTIAN OTENG
(anonymity direction not made)

Appellant
and

ENTRY CLEARANCE OFFICER - accra
Respondent



DECISION AND REASONS

1. The appellant is a national of Ghana. He appealed to a Judge of the First-tier Tribunal against the Secretary of State's decision of 27 February 2019 refusing leave to enter the United Kingdom.

2. The judge having dismissed the appeal, the appellant sought and was granted permission to appeal on the basis of procedural unfairness not taking into account relevant documents and error as to the burden of proof applied by the judge.

3. In a response to directions sent on behalf of the Entry Clearance Officer on 6 September 2020 it was accepted that the judge had not considered material evidence and accordingly it was agreed that the decision should be set aside and remitted for redetermination in the First-tier Tribunal.

4. I agree with the submission. Accordingly this appeal is allowed to the extent that it is remitted for a full rehearing by a Judge of the First-tier Tribunal other than Judge Steer.

No anonymity direction is made.




Signed Date 3rd December 2020
Upper Tribunal Judge Allen