OA/05544/2012

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: OA/05544/2012


THE IMMIGRATION ACTS


No hearing
Promulgated on
3 June 2013
6 June 2013



Before

Mr C M G Ockelton, Vice President



Between

TAURAI MBEWE

Appellant
and


THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


DECISION AND REMITTAL

1. On 26th April I wrote to the parties as follows:-

“I have reviewed the file in this case. Permission to appeal to the Upper Tribunal was granted on the apparently meritorious ground that the First-tier Tribunal decided the appeal without taking into account the compendious bundle of documents submitted on the appellant’s behalf by her solicitors.

In the circumstances it appears to me that the appeal to the Upper Tribunal should be allowed and the appeal remitted to the First-tier Tribunal to be determined by a different judge. Any proposal to the contrary will be considered if received within 21 days of the date of this letter.”
2. The appellant’s representatives have indicated their agreement; no response has been received from the respondent.

3. I accordingly allow this appeal to the Upper Tribunal, set aside the decision of the First-tier Tribunal and remit the appellant’s appeal to be considered afresh by a judge other than Judge Birkby.

4. I direct that the appeal be listed for oral hearing in the Glasgow hearing centre.






C M G OCKELTON
VICE PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Date: 3 June 2013