IA/03797/2021

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER

Case No: UI-2022-000503
First-tier Tribunal No: PA/51774/2021
IA/03797/2021



THE IMMIGRATION ACTS


Decision & Reasons Promulgated

On the 14 February 2023

Before

UPPER TRIBUNAL JUDGE GRUBB

Between

MAXIMILIANO WIFREDO MARTINEZ CRUZ
(NO ANONYMITY ORDER MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Ms L King instructed by Migrant Legal Project
For the Respondent: Ms S Rushforth, Senior Home Office Presenting Officer

Heard at Cardiff Civil Justice Centre on 12 January 2023

NOTICE OF DECISION
1. Both subparagraphs of rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698 as amended) apply to this decision.
2. The respondent accepts there is an error of law on the basis of the grounds of appeal. The decision of the First-tier Tribunal dated 13 November 2021 is erroneous in law. I set it aside.
3. The appeal is remitted to be determined by the First-tier Tribunal de novo before a judge other than Judge Sweet.

Andrew Grubb

Judge of the Upper Tribunal
Immigration and Asylum Chamber

12 January 2023