PA/02688/2015 & Ors.

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA026882015
PA026912015
PA026892015


THE IMMIGRATION ACTS


Determined at Field House
Determination Promulgated
On 3rd June 2016
On 8th June 2016




Before

DEPUTY UPPER TRIBUNAL JUDGE SAINI


Between

NAIMITKUMAR JAGDISHBHAI PATEL
HETALBEN NAIMITKUMAR PATEL
[A P]
Appellants
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


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 parties agreement that the determination of the First-tier Tribunal promulgated on 31st March 2016 discloses a material error of law, it is hereby order by consent that:
1. The judge made material errors of law in relation to failing to make findings upon the Appellant's reasons for claiming asylum, and the Appellants were denied a fair hearing.
2. The determination is set aside in its entirety with no findings preserved, and
3. The matter is remitted to be heard by a judge of the First-tier Tribunal other than Judge Majid.

The Secretary of State's appeal in the Upper Tribunal is therefore allowed. The decision of the First-tier Tribunal is set aside for legal error.




Signed Date 8th June 2016


Deputy Upper Tribunal Judge Saini