(Immigration and Asylum Chamber) Appeal Number: HU/17181/2018
THE IMMIGRATION ACTS
Heard at Field House
Decision & Reasons Promulgated
On 27 October 2020
On 02 November 2020
UPPER TRIBUNAL JUDGE ALLEN
(anonymity direction not made)
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
DECISION AND REASONS
1. The appellant is a national of Nepal. He appealed to a Judge of the First-tier Tribunal against the Secretary of State's decision of 11 July 2018 refusing his application for entry clearance to the United Kingdom.
2. The judge dismissed the appeal and the appellant sought and was granted permission to appeal to the Upper Tribunal.
3. The Secretary of State has accepted that the judge's decision should be set aside and the appeal be remitted to the First-tier Tribunal for a fresh hearing, bearing in mind the grounds of challenge, which are that the judge erred in taking an incorrect approach to the Devaseelan guidance, particularly so in light of the significant amount of new evidence provided since the previous Tribunal decision. I agree.
4. Accordingly, this appeal is allowed to the extent that it is remitted for rehearing in the First-tier Tribunal at Taylor House before a judge other than Judge Traynor.
Notice of Decision
The appeal is allowed to the extent set out above.
No anonymity direction is made.
Signed Date 28 October 2020
Upper Tribunal Judge Allen