IA/02808/2013

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/02808/2013


THE IMMIGRATION ACTS


Heard at Field House
Determination Promulgated
On 18 June 2013
On 25 June 2013




Before

UPPER TRIBUNAL JUDGE ESHUN

Between

MR DAVID OGBENUDIA IDELE

Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


Representation:

For the Appellant: Ms R Spio-Aidoo
For the Respondent: Ms A Everett, HOPO


DECISION ON ERROR OF LAW


1. The appellant is a citizen of Nigeria. His appeal against the respondent’s decision to refuse his application for an EEA Residence Card was dismissed by First-tier Tribunal Judge Talbot.
2. I find that the Judge erred in law in failing to take into account a bundle of documents which was sent to the Tribunal before the appeal was determined. Although the documents were faxed to the court on 4 April and received at Taylor House on 8 April 2013, they were not placed before the Judge when he prepared his determination on 15 April 2013.

3. In the circumstances, the Judge’s decision cannot stand. It is set aside in order to be remade by a different First-tier Judge.



DIRECTIONS

(i) The appeal is listed for hearing at Taylor House hearing centre on 24 September 2013.

(ii) There will be two witnesses, the appellant and his wife.

(iii) Time estimate – one hour 30 minutes.

(iv) If the appellant wishes to submit further documents in addition to the documents he faxed to the court on 4 April 2013, they should reach the court 7 days before the hearing.





UT Judge Eshun
18 June 2013