OA/00359/2015 & Ors.

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: OA/00359/2015
OA/00360/2015
OA/00361/2015


THE IMMIGRATION ACTS


No hearing
Decision and Reasons Promulgated
30 November 2015
On 9 December 2015



Before

MR C M G OCKELTON, VICE PRESIDENT


Between

MUHAMMAD BILAL
FOUZIA NASREEN
ARZOO KHALID
Appellants
and

ENTRY CLEARANCE OFFICER, ISLAMABAD
Respondent


DECISION AND REMITTAL
1. The appellants are nationals of Pakistan. They appealed to the First-tier Tribunal against decisions of the respondent on 9 December 2014, paying the fee appropriate to an appeal without a hearing. Judge Anthony dismissed the appeals. The appellants now have permission to appeal to this Tribunal granted on the ground that Judge Anthony had mistaken the decision against which the first appellant appealed, and had accordingly taken into account material not relevant to the decision under appeal.
2. On 16 October 2015 I wrote to the parties' representatives as follows:-
"I have reviewed the file in this case in the light of the grant of permission to appeal. I propose to determine that the First-tier Tribunal erred in law and remit the appeals for a new decision (without a hearing) by a different First-tier Tribunal Judge. Any proposals to the contrary will be considered if received within 14 days of the date of this letter."
3. Neither party has raised any objection to the course of action proposed. The appellants have courteously sought that there be a hearing when the matter returns to the First-tier Tribunal. Their sponsor indicates that he will pay any supplementary fee necessary. He will need to get in touch with the First-tier Tribunal and make the necessary arrangements under art 3(4) of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011.
4. So far as concerns the present appeal, my decision is that Judge Anthony erred in law. I set his decision aside and remit the appeals to the First-tier Tribunal for determination by a different judge.


C. M. G. OCKELTON
VICE PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Date: 30 November 2015