PA/04254/2020 & Ors.

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number:
UI-2022-001675 (PA/04254/2020)
UI-2022-001684 (PA/04255/2020)
UI 2022-001686 (PA/04257/2020)


THE IMMIGRATION ACTS


Done at Field House
Decision & Reasons Promulgated
On 12 December 2022
On 13 December 2022



Before

UPPER TRIBUNAL JUDGE PERKINS


Between

W U G E
J M R
C S E
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REASONS
1. Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellants are granted anonymity. No-one shall publish or reveal any information, including the name or address of the appellants or any of them, likely to lead members of the public to identify any appellant. Failure to comply with this order could amount to a contempt of court. I make this order because this is a protection claim and publicity might create a risk that would not otherwise exist.
2. The Appellants were given permission to appeal because it was thought arguable that the First-tier Tribunal Judge, in dismissing their appeals, had not given proper consideration to core documents.
3. In a Rule 24 Reply drawn by Mr Stefan Kotas of the Respondent’s Specialist Appeals Team the Respondent agreed that the First-tier Tribunal erred by failing to make a finding on material evidence and invited the Upper Tribunal to remit the appeal to the First-tier Tribunal for a de novo hearing.
4. In the circumstances, and with the consent of the parties I determine this case without a hearing. I find that the First-tier Tribunal erred in law as indicated. I set aside its decision and I direct that the appeal be heard again, de novo, in the First-tier Tribunal by a different judge.
Notice of Decision
5. The First-tier Tribunal erred in law.
6. I set aside the decision of the First-tier Tribunal.
7. I direct that the appeal be heard again, de novo, in the First-tier Tribunal by a different judge.
8. The hearing listed at Field House on 13 December 2022 is vacated.


Jonathan Perkins
Signed

Jonathan Perkins

Judge of the Upper Tribunal
Dated 12 December 2022