PA/07027/2019

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/07027/2019


THE IMMIGRATION ACTS


Determined without a hearing at Field House
Decision & Reasons Promulgated
On 19 January 2021
On 28 January 2021



Before

UPPER TRIBUNAL JUDGE PERKINS


Between:

M K S
(ANONIMITY ORDER MADE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

DETERMINATION AND REASONS
1) In a "Decision on Error of Law and Further Directions" issued on 19 November 2021 Upper Tribunal Judge Macleman determined that the First-tier Tribunal had erred in law and set aside its decision.
2) He also gave Directions inviting representation on the proper disposal of the appeal.
3) No such representations have been received from the Respondent.
4) The appellant has asked for the appeal to be determined again in the First-tier Tribunal.
5) Given that the basis for setting aside the decision of the First-tier Tribunal was that the First-tier Tribunal had determined unlawfully that the appellant was not entitled to apply for asylum and had not determined the merits, if any, in his claim I see merit in remittal in order to keep open the appellant's rights of appeal. There has been no substantial consideration of the disputed facts in this appeal.
Notice of Decision
6) The decision having been set aside, I allow the appeal and direct that the appeal be determined again in the First-tier Tribunal.

Signed
Jonathan Perkins

Judge of the Upper Tribunal

Dated 19 January 2021