(Immigration and Asylum Chamber) Appeal Number: PA/04310/2020
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
UPPER TRIBUNAL JUDGE GRUBB
G A J
(Anonymity Direction in force)
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
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.
Judge of the Upper Tribunal
17 March 2022