Tribunal decisions

The decision

UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER

THE IMMIGRATION ACTS

Heard at: Birmingham
On: 15 August 2013
Decision Promulgated:
On: 19th August 2013

Before

Upper Tribunal Judge Pitt

Between

Ms Adeola Adebimpe Ajayi
Appellant
and

Secretary of State for the Home Department

Respondent

Representation:

For the Appellant: Ms Chaggar instructed by Davjunnel Solicitors
For the Respondent: Mr Smart, Senior Home Office Presenting Officer

DETERMINATION AND DIRECTIONS FOR REMITTAL TO FIRST-TIER TRIBUNAL

1. The parties were in agreement that the First-tier Tribunal materially erred in law in determining the appeal on the papers rather than at an oral hearing. I found that the determination dated 18 June 2013 of First-tier Tribunal Judge Pirotta should be set aside as it disclosed a material procedural error and that the appeal should be re-made.

2. The parties were also in agreement that as the error was such that appellant had been deprived of a substantive hearing before the First-tier Tribunal, the appeal should remitted to the First-tier Tribunal to be re-made following paragraph 7.2 of Part 3 of the Senior President's Practice Statement dated 25 September 2012.

DECISION

3. The decision of the First-tier Tribunal discloses an error on a point of law such that it is set aside.

4. The appeal is remitted to the First-tier Tribunal to be re-made.

DIRECTIONS

5. The appeal will be heard at the Birmingham hearing centre on Monday 16 September 2013 before a Judge other than First-tier Tribunal Judge Pirotta.

6. By 9 September 2013, the appellant is to file with the Tribunal and serve on the respondent an indexed and paginated bundle of all materials that are to be relied upon.

Signed: Date: 15 August 2013
Upper Tribunal Judge Pitt