PA/08924/2016

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/08924/2016


THE IMMIGRATION ACTS


Heard at Field House
Determination Promulgated
On 8th February 2017
On 9th February 2017




Before

UPPER TRIBUNAL JUDGE COKER

Between


KK
(Anonymity direction made)

Appellant
And

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: Mr P Lewis, instructed by Theva Solicitors
For the Respondent: Mr P Singh, Senior Home Office Presenting Officer


DETERMINATION AND REASONS

Pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/269) I make an anonymity order. Unless the Upper Tribunal or a Court directs otherwise, no report of these proceedings or any form of publication thereof shall directly or indirectly identify the appellant in this determination identified as KK. This direction applies to, amongst others, all parties. Any failure to comply with this direction could give rise to contempt of court proceedings



1. As accepted by the respondent, there are material errors of law in the decision by First-tier Tribunal Judge S L Farmer such that the decision is set aside to be remade.

2. The errors of law are such that no findings can be preserved. The scheme of the Tribunals Court and Enforcement Act 2007 does not assign the function of primary fact finding to the Upper Tribunal. I remit the hearing of the appeal to the First-tier Tribunal.

Conclusions:

The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.

I set aside the decision in its entirety and remit the appeal to the First-tier Tribunal for rehearing, no findings preserved.

Anonymity

The First-tier Tribunal did not make an order pursuant to rule 45(4)(i) of the Asylum and Immigration Tribunal (Procedure) Rules 2005.

Pursuant to the Tribunal Procedure (Upper Tribunal) Rules 2008 I am satisfied it is appropriate for an anonymity order to be made at this stage.



Date 8th February 2017



Upper Tribunal Judge Coker