HU/16427/2019

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: HU/16427/2019


THE IMMIGRATION ACTS


Done without a hearing at Field House
Decision & Reasons Promulgated
On 5 February 2021
On 18 February 2021



Before

UPPER TRIBUNAL JUDGE PERKINS


Between

SUKHCHARN SINGH
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
(BY AN ENTRY CLEARANCE OFFICER)
Respondent
DETERMINATION AND REASONS
1) The appellant was given permission to appeal on grounds asking for the Decision and Reasons to be set aside and the appeal remitted to the First-tier Tribunal for re-determination.
2) Directions were given with a view to determining the appeal without a hearing.
3) In a letter dated 12 October 2020 the Respondent indicated that she accepted that the First-tier Tribunal erred in law and suggested that the appeal be remitted to the First-tier Tribunal to be redetermined.
4) Several errors of law are alleged by the Appellant and are accepted by the Respondent, particularly a failure to apply the correct legal test.
5) In the circumstances I see no benefit in giving a detailed explanation. I find that the First-tier Tribunal erred in law as agreed by the Respondent. I set aside its decision and I direct that the appeal be redetermined the First-tier Tribunal.

Notice of Decision
6) The appeal is allowed to the extent that the decision of the First-tier Tribunal is set aside and I direct that the appeal be redetermined in the First-tier Tribunal by a different judge.

Jonathan Perkins
Signed

Jonathan Perkins

Judge of the Upper Tribunal
Dated 5 February 2021