PA/02440/2017

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision


Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/02440/2017


THE IMMIGRATION ACTS


No hearing
Decision and Reasons Promulgated
6 November 2018
On 16 November 2018



Before

MR C M G OCKELTON, VICE PRESIDENT


Between


[R S]
(anonymity direction not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent



DECISION AND REMITTAL

1. On 9 October I wrote to the parties as follows:-

"In a Rule 24 response signed on behalf of the Secretary of State by Rhona Petterson, is the following:

"2. The respondent does not oppose the appellant's application for permission to appeal and invites the Tribunal to determine the appeal with a fresh oral (continuance) hearing to consider whether the case for international protection is made out."

I have little idea what this is supposed to mean. Permission has been granted, as the respondent is evidently aware, so any opposition to the application for permission is irrelevant. Further, the notion of "a fresh oral (continuance) hearing" is unknown to the Tribunal's procedure.

On the assumption that the Secretary of State intends to concede the appeal to the Upper Tribunal I now propose to allow that appeal, set aside the determination of the First-tier Tribunal, and direct a further hearing before that Tribunal. Any submissions to the contrary will be considered if received within 21 days of the date of this letter."

2. No response has been received. I now set aside the decision of the First-tier Tribunal for error or law and remit the appeal to that Tribunal for determination afresh.




C. M. G. OCKELTON
VICE PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Date: 12 November 2018.