PA/03798/2019
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The decision
UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER PA/03798/2019
THE IMMIGRATION ACTS
At Field House, On the Papers
Decision & Reasons Promulgated
On 2 December 2019
On 5 December 2019
Before
Upper Tribunal Judge Pitt
Between
AOW
(ANONYMITY DIRECTION MADE)
Appellant
and
Secretary of State for the Home Department
Respondent
DECISION AND DIRECTION
1. The Tribunal issued a preliminary decision dated 21 November 2019 proposing that an error of law be found and the appeal remitted to the First-tier Tribunal for re-making.
2. The parties were directed to respond no later than 28 November 2019. No response would be deemed as consent to the disposal set out above.
3. Neither party has responded.
3. I therefore allow the appeal where the decision of the First-tier Tribunal contained an error of law for the reasons set out in the preliminary decision. The decision of the First-tier Tribunal is set aside. The appeal will be remitted to the First-tier Tribunal to be re-made.
DECISION
4. The decision of the First-tier Tribunal contains an error on a point of law and is set aside.
5. The appeal will be re-made by the First-tier Tribunal other than Judge M A Khan.
Signed: Date: 2 December 2019
Upper Tribunal Judge Pitt