IA/51525/2013

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The decision




Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/51525/2013


THE IMMIGRATION ACTS


Field House
Decision and Reasons Promulgated
On papers 3 June 2015
On 5 June 2015



Before

DEPUTY JUDGE OF THE UPPER TRIBUNAL DRABU CBE

Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
And

MICHAEL ONYEMAEZE
(ANONYMITY DIRECTION NOT MADE)
Respondent


Representation:
For the Appellant: Mr S Walker, Senior Presenting Officer.
For the Respondent: Mr O Nwokeji, Solicitor

AMENDED DETERMINATION
RULE 42 of the Tribunal Procedure (Upper Tribunal) Rules 2008
DETERMINATION AND REASONS

1. This determination is issued under Procedure Rule 42 in relation to the appeal which was heard and decided with a determination promulgated on 3 February 2015.

2. As a result of communications received from solicitor who represented the respondent at the hearing before me and upon hearing the electronically recorded record of proceedings I am persuaded to make this amended determination to correct accidental errors in paragraphs 4 and 5 of that determination.

3. I direct the removal of paragraph 4 of the determination promulgated on 3 February 2015. Paragraph 4 of the determination shall now read as follows: At the hearing before me, Mr Nwokeji, representing the respondent readily conceded that the determination was unsustainable for reasons identified in the grounds of appeal supporting the application. Mr S Walker asked that the determination be set aside and be remitted to the Secretary of State for her to reconsider and make a fresh decision on the application which following her refusal had led to the appeal.

4. I further direct that the last sentence of Paragraph 5 of the determination promulgated on 3 February 2015 is amended to read as follows: I direct that the matter be remitted to the Secretary of State to enable her to make a fresh decision on the application which had been made to her and which she had refused on 12 October 2013.

5. And finally the appeal number shown on pages 2 and 3 of the determination promulgated on 3 February 2015 should be and is hereby amended to be the same as it appears on page 1 of that determination.

6. Only to the extent set out above, the determination promulgated on 3 February 2015 is amended to cure errors. Delay in issuing the amended determination is regretted. The rest of the determination remains valid.




K Drabu CBE
Deputy Judge of the Upper Tribunal.
3 June 2015