Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers
HU/00043/2021 [UI-2021-000867]
HU/02305/2021 [UI-2021-000868]

THE IMMIGRATION ACTS

Heard at Field House
Decision & Reasons Promulgated
On the 28 February 2022
On the 20 April 2022

Before

UPPER TRIBUNAL JUDGE SHERIDAN
DEPUTY UPPER TRIBUNAL JUDGE CHAPMAN

Between

MOHAMAD ABDULLA MOHAMED
AHMAD ABDALLA MOHAMED
(ANONYMITY DIRECTIOn NOT MADE)
Appellant
and

ENTRY CLEARANCE OFFICER
Respondent

Representation
For the Appellant: Ms M Butler, Counsel instructed by Anglia Immigration Law
For the Respondent: Ms A Everett, Senior Home Office Presenting Officer

CONSENT ORDER
Background
1. The appellants are appealing against a decision of Judge of the First-tier Tribunal Chana (“the judge”) promulgated on 24 August 2021 dismissing their human rights appeal.
2. At the error of law hearing, Ms Everett, on behalf of the respondent, conceded that the grounds established that the decision of the judge involved the making of errors of law such that the decision could not stand. Ms Everett and Ms Butler were in agreement that the appeal should be remitted to the First-tier Tribunal to be decided afresh by a different judge with no findings preserved.
3. The parties agreed to dispose of the proceedings by way of a consent order.

Decision
4. Pursuant to Rules 39 and 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 we make the following order:
5. The decision of the First-tier Tribunal is set aside and the appeal is remitted to the First-tier Tribunal to be made afresh by a different judge with no findings preserved.

Signed

D. Sheridan

Upper Tribunal Judge Sheridan
Dated: 7 March 2022