PA/00035/2021
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The decision
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: UI-2022-002054
(PA/00035/2021)
THE IMMIGRATION ACTS
Heard at Cardiff Civil Justice Centre
On the 8 September 2022
Decision & Reasons Promulgated
On the 11 October 2022
Before
UPPER TRIBUNAL JUDGE GRUBB
Between
A S
(Anonymity Direction in force)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: Mr K Gayle, Elder Rahimi Solicitors
For the Respondent: Ms S Rushforth, Senior Home Office Presenting Officer
NOTICE OF DECISION
1. Both subparagraphs of rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698 as amended) apply to this decision.
2. The grounds of appeal are conceded by the respondent. The decision of the First-tier Tribunal sent out on 13 January 2022 is erroneous in law. I set it aside.
3. The appeal is remitted to be determined by the First-tier Tribunal de novo at an oral hearing before a judge other than Judge Lester.
Signed
Andrew Grubb
Judge of the Upper Tribunal Date 8 September 2022