PA/04310/2020

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/04310/2020
(UI-2021-001006)

THE IMMIGRATION ACTS

Decided at Cardiff Civil Justice Centre
Decision & Reasons Promulgated
Under rule 34 by consent
On the 25 April 2022
On 17 March 2022


Before

UPPER TRIBUNAL JUDGE GRUBB

Between

G A J
(Anonymity Direction in force)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: Mr J Howard, Fountain Solicitors          
For the Respondent: Ms S Rushforth, Senior Home Office Presenting Officer

NOTICE OF DECISION

1. Both subparagraphs of rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698 as amended) apply to this decision.
2. The decision of the First-tier Tribunal sent out on 5 May 2021 is erroneous in law. I set it aside.
3. The appeal is remitted to be determined by the First-tier Tribunal de novo at an oral hearing before a judge other than Judge C H O’Rourke.

Signed

Andrew Grubb
Judge of the Upper Tribunal
17 March 2022