IA/29535/2014 & Ors.

• Status of case: Unreported
• Hearing date: 18 Oct 2015
• Promulgation date: 21 Dec 2015
• Publication date: 20 Jul 2016
• Last updated on: 20 Jul 2016

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/29535/2014
IA/29579/2014
IA/29588/2014
IA/29595/2014
IA/29598/2014


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 18th October 2015
On 21st December 2015



Before

UPPER TRIBUNAL JUDGE COKER
DEPUTY UPPER TRIBUNAL JUDGE SAINI


Between

MMAA
SA
UAA
AMAA
AAA
Appellants
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr M Blundell, Counsel instructed by UK Migration Lawyers
For the Respondent: Mr N Bramble, Senior Presenting Officer


DECISION AND REASONS
1. This matter comes before us as a consequence of a previous Error of Law Decision and Reasons finding that the decision of First-tier Tribunal Judge Braybrook contained a material error of law and that her findings should be set aside.
2. The Appellants request that their appeals be remitted to the First-tier Tribunal. The Secretary of State does not oppose that request. The Practice Statement dated 25 September 2012 of the Immigration and Asylum Chamber First-tier Tribunal and Upper Tribunal states as follows at paragraph 7.2:
'7.2 The Upper Tribunal is likely on each such occasion to proceed to remake the decision, instead of remitting the case to the First-tier Tribunal, unless the Upper Tribunal is satisfied that:-
(a) the effect of the error has been to deprive a party before the First-tier Tribunal of a fair hearing or other opportunity for that party's case to be put to and considered by the First-tier Tribunal; or
(b) the nature or extent of any judicial fact finding which is necessary in order for the decision in the appeal to be re-made is such that, having regard to the overriding objective in rule 2, it is appropriate to remit the case to the First-tier Tribunal.'
3. Pursuant to the Practice Statement, we are satisfied that the nature and extent of judicial fact-finding in the re-making of this appeal is such that, having regard to the overriding objective in rule 2, it is appropriate to remit the appeals to the First-tier Tribunal.
4. The appeals are hereby remitted to the First-tier Tribunal, to be heard by a judge of the First-tier Tribunal other than Judge Braybrook.


Signed Date

Deputy Upper Tribunal Judge Saini