PA/04973/2019

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/04973/2019


THE IMMIGRATION ACTS


Heard at Edinburgh
Decision & Reasons Promulgated
On 13 February 2020
On 4 March 2020



Before

UPPER TRIBUNAL JUDGE MACLEMAN


Between

MUSTAFA [I]
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


For the Appellant: Miss Crichton, of Katani & Co, Solicitors
For the Respondent: Mr Clark, Senior Home Office Presenting Officer


DETERMINATION AND REASONS
1. This is an appeal against the decision of FtT Judge Cowx, promulgated on 1 October 2019. There are 4 grounds, set out in an application dated 10 October 2019. The FtT granted permission on 2 December 2019.
2. Mr Clark conceded that the grounds disclosed errors by the FtT, particularly around the expert report, such that the decision fell to be set aside. It stands only as a record of what was said at the hearing.
3. There is a presumption that the UT will proceed to remake decisions, of which parties are reminded in directions issued with the grant of permission. However, parties agreed that the nature of this case is such that it is appropriate under section 12 of the 2007 Act, and under Practice Statement 7.2, to remit to the FtT for an entirely fresh hearing.
4. The member(s) of the FtT chosen to consider the case are not to include Judge Cowx.
5. No anonymity direction has been requested or made.



13 February 2020
UT Judge Macleman