(Immigration and Asylum Chamber) Appeal Number: PA/01994/2018
THE IMMIGRATION ACTS
Heard at Manchester CJC
Decision & Reasons Promulgated
On 21st December 2018
On 10th January 2019
UPPER TRIBUNAL JUDGE COKER
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the appellant: Mr C Holmes, Counsel instructed by Parker Rhodes Hickmotts solicitors
For the respondent: Mr A Tan, Senior Home Office Presenting Officer
DETERMINATION BY CONSENT
Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:
Upon the determination by First-Tier Tribunal Judge P J Holmes promulgated on 19th September 2019 disclosing a material error of law and being set aside on 21st December 2018.
And upon the parties agreeing that the appeal should be heard afresh with no findings preserved, the appeal by the appellant against the refusal of his protection claim is remitted to the First-tier Tribunal.
The appeal in the Upper Tribunal is allowed. The decision of the First-tier Tribunal is set aside for legal error. The appeal against the decision giving rise to the appeal is remitted to be heard afresh before the First-tier Tribunal with no findings preserved.
Signed Date 21st December 2018
Upper Tribunal Judge Coker