PA/03840/2015
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The decision
IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: PA/03840/2015
THE IMMIGRATION ACTS
Decision & Reasons Issued:
On the 21 August 2023
Before
MR C M G OCKELTON, VICE PRESIDENT
UPPER TRIBUNAL JUDGE O’CALLAGHAN
Between
IGOR ZAGORSKIJ
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: Ms B Asanovic, instructed by Lawrence & Co Solicitors.
For the Respondent: Mr E Tufan, Senior Home Office Presenting Officer.
Heard at Field House on 26 July 2023
REMITTAL AND DIRECTIONS
1. The decision of the First-tier Tribunal in this appeal, dated 24 February 2017, was set aside for error of law on appeal to this Tribunal on 21 November 2017. On 10 May 2019, the appeal to this Tribunal was dismissed. By Order of the Court of Appeal made by consent on 2 February 2021 the decision of 10 May 2019 (only) was set aside and the appeal was remitted to this Tribunal “for reconsideration.”
2. Because of the passage of time extensive further evidence and fact-finding is likely to be required, and the Secretary of State will wish to consider her position in the light of new evidence from the appellant’s side. Both parties consent to the decision we make.
3. We remit the appeal to the First-tier Tribunal for a fresh decision. We direct that the appeal hearing be no earlier than January 2024, on a date appointed after consultation with the appellant’s representation.
C.M.G. Ockelton
C. M. G. OCKELTON
VICE PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Date: 26 July 2023