IA/30163/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/30163/2015


THE IMMIGRATION ACTS


Determined at Field House
Decision & Reasons Promulgated
On 28 February 2017
On 02 March 2017



Before
UPPER TRIBUNAL JUDGE RINTOUL

Between
AOA
(ANONYMITY ORDER MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION

1. This appeal was heard before me on 15 December 2016, at which I ruled that the decision of the First-tier Tribunal (Judge Grimmett) involved the making of an error of law, and set it aside. The matter was adjourned as it had become clear that substantial information was required from the relevant social services department and I gave extensive directions as to how that was to be obtained. In the light of the information obtained, the respondent indicated by letter that she accepted that the appellant met the requirements of regulation 15A of the Immigration (European Economic Area) Regulations 2006.

2. On 19 January 2017 I therefor directed as follows: -

…it is my provisional view that the appeal should be allowed without any further hearing and without giving detailed reasons, as is permitted pursuant to rules 34, 39 and 40 (3) of the Tribunal Procedure (Upper Tribunal) Rules 2008.

3. Unless either party objects to this course of action in writing within 10 working days, the Upper Tribunal will allow the appeal on the above basis.

4. The parties are put on notice that, in the absence of any express written objection, they will for the purposes of rule 40 (3) be deemed to have consented to the Upper Tribunal not giving reasons.

3. There has been no objection to the proposed course of action

4. Rule 40 (1) of the Tribunal Procedure (Upper Tribunal) Rules 2008 provided that the Upper Tribunal may give a decision orally at a hearing. Ruled 40 (3) provides that the Upper Tribunal must provide written reasons for its decision with a decision notice unless the parties have consented to the Upper Tribunal not giving written reasons. I am satisfied that the parties have, in the light of the directions made, given such consent.

5. In the circumstances, pursuant to the decision given on 15 December 2016, the decision of the First-tier Tribunal involved the making of an error of law and is set aside. The appeal is remade by allowing the appeal under the EEA Regulations.



Signed Date: 28 February 2017

Upper Tribunal Judge Rintoul