IA/27342/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/27342/2015


THE IMMIGRATION ACTS


No hearing
Promulgated on

On 10th October 2016



Before

MR C M G OCKELTON, VICE PRESIDENT



Between

MFANUKHONA NGAWE DLAMINI
(anonymity direction NOT MADE)
Appellant
and


THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DETERMINATION AND REASONS

1. This appeal was determined on the papers by First-tier Tribunal Judge Foudy. On application, permission to appeal to this Tribunal was granted by First-tier Tribunal Judge Scott Baker. It is far from clear which of the grounds identified by Judge Scott Baker are in reality viable on the facts of the case and on the basis of the papers before Judge Foudy.

2. Subsequent developments are summarised in a letter I sent to the parties on 26 August 2016. B S Singh & Co, solicitors, replied to say that they would prefer fresh consideration of the appeal in the First-tier Tribunal, but, this time, at an oral hearing. There has been no response from the respondent.

3. There appears to be agreement that the grounds, or some of them, are made out. In the circumstances I am content to find error of law in Judge Foudy's decision (which certainly does feature the omissions mentioned by Judge Scott Baker) and set it aside.

4. I direct that the appeal be considered afresh by the First-tier Tribunal. Only the fee for determination without a hearing in that Tribunal has been paid. If the appellant now intends to withdraw his consent to determination without a hearing, article 3(4) of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 would appear to apply, as the solicitors' letter accepts.







C. M. G. OCKELTON
VICE PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Date: 4 October 2016