Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber)
Appeal Number: IA/07023/2014

THE IMMIGRATION ACTS

Heard at Field House
Determination Promulgated
On 14 October 2014
On 27 October 2014

Before
DEPUTY JUDGE DRABU CBE

Between
Mr KALED AHMED
ANONYMITY DIRECTION IS NOT MADE
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr D Coleman of Counsel instructed by Novells Legal Practice, Solicitors
For the Respondent: Mrs Alice Holmes, Senior Presenting Officer

DETERMINATION AND REASONS

1. The appellant is a national of Bangladesh. He was granted permission to appeal to the Upper Tribunal by Judge Brunnen, a Judge of the First Tier Tribunal against the decision of Judge Abebrese who had dismissed his appeal against the decision of the Secretary of State refusing his application to remain in the United Kingdom. Permission had been granted on 18 August 2014.

2. Upon the appeal coming before me the representatives of the parties agreed that there were material errors of law in the decision of Judge Abebrese such as failure to realise that the appellant's application had been made before the change in the Rules and yet he had applied paragraph 276ADE and given no consideration to the appellant's claim under Article 8 outside the Rules. Mr Colman argued that the only fair way of resolving the issues raised in the appellant's appeal would be to direct it to be heard afresh on all issues by a Judge at the First Tier Tribunal other than Judge Abebrese. Mrs Holmes agreed with that.

3. Accordingly I directed that the appeal be allowed on the basis that it be reheard on all issues by a Judge of the First Tier Tribunal as requested by the parties, having been satisfied that the determination of Judge Abebrese was unsustainable for material errors in law.

Signed K Drabu CBE
Date 20 October 2014
Judge of the First-tier Tribunal sitting as Deputy Judge of Upper Tier