(Immigration and Asylum Chamber) Appeal Number: HU/19462/2019 (P)
THE IMMIGRATION ACTS
Decided under Rule 34
Decision & Reasons Promulgated
On 4 December 2020
On 16 April 2021
UPPER TRIBUNAL JUDGE LANE
AS, VS and DS
(ANONYMITY DIRECTION MADE)
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
DECISION AND REASONS
1. The appellants are citizens of Brazil born respectively in 1973, 2006 and 2011. They have appealed to the First-tier Tribunal against a decision of the respondent to refuse leave to remain on human rights grounds. The First-tier Tribunal, in a decision promulgated on 20 February 2020, dismissed the appeal. The appellants now appeal, with permission, to the Upper Tribunal.
2. Granting permission on 15 September 2020, Upper Tribunal Judge Gill indicated a provisional view that the decision of the First-tier Tribunal should be set aside for legal error and the appeal remitted to the First-tier Tribunal for a hearing de novo. The parties were informed that an order for remittal would be made in the event that no objection was received from either party within 14 days after service of Upper Tribunal Judge Gills' decision. No objection has been received and accordingly I set aside the decision of the First-tier Tribunal. None of the findings of fact shall stand. The appeal is returned to the First-tier Tribunal (not Judge Chohan) for that Tribunal to remake the decision following a hearing de novo.
Notice of Decision
I set aside the decision of the First-tier Tribunal. None of the findings of fact shall stand. The appeal is returned to the First-tier Tribunal (not Judge Chohan) for that Tribunal to remake the decision following a hearing de novo.
Signed Date 4 December 2020
Upper Tribunal Judge Lane
Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008
Unless and until a Tribunal or court directs otherwise, the appellants are granted anonymity. No report of these proceedings shall directly or indirectly identify them or any member of their family. This direction applies both to the appellants and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.