IA/18993/2015

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The decision


IAC-FH-AR-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/18993/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 30 November 2016
On 24 January 2017




Before

LORD MATTHEWS, SITTING AS AN UPPER TRIBUNAL JUDGE
DEPUTY UPPER TRIBUNAL JUDGE MONSON


Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant
and

ALEX NICHOLAS TROWERS
(ANONYMITY DIRECTION NOT MADE)

Respondent

Representation:

For the Appellant: Ms A Fijiwala, Home Office Presenting Officer
For the Respondent: Mrs A Heller, Michael Rene Immigration Service


DECISION AND REASONS


1. This is an appeal by the Secretary of State against a determination of Judge of the First-tier Tribunal Grant promulgated on 5 July 2016 allowing the appellant's appeal against the decision to refuse to grant him leave to remain in the United Kingdom permanently on the basis that, according to the Secretary of State, he was, putting it shortly, a persistent criminal.

2. Before us Mrs Heller and the Home Office Presenting Officer Ms Fijiwala have agreed that there is an error of law in the determination in that the judge does not make it clear what convictions he focused on in making his finding and that there is no note of the evidence given by witnesses who attended to give evidence orally. There is a dispute between the parties as to what precisely that oral evidence was and it is not clear from the determination what in fact the judge's view of that matter was.

3. We are satisfied that it is correctly conceded on both sides that there is an error of law. We were invited to resubmit the the case to the First-tier Tribunal for the matter to be reheard on the basis that the full findings of fact will have to be reheard and we agree that that is the best course of action.

4. We are grateful to both parties for their assistance.

Notice of Decision

5. We accordingly allow the appeal by the Secretary of State and remit the matter to the First-tier Tribunal at the centre where the appeal was previously heard for a full rehearing (Judge Grant not compatible).


No anonymity direction is made.





LORD MATTHEWS
Sitting as an Upper Tribunal Judge
(Immigration and Asylum Chamber)

Date: 24 January 2017