PA/10382/2019

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/10382/2019


THE IMMIGRATION ACTS


No hearing
Decision & Reasons Promulgated
22 July 2021
On 5 August 2021



Before

MR C M G OCKELTON, VICE PRESIDENT


Between

[S M]
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REMITTAL
1. On 21 June 2021 I wrote to the parties as follows:
"In a response under rule 24, Mr Tufan, Senior Home Office Presenting Officer, has proposed, on behalf of the Secretary of State, that this appeal to be heard afresh in the First-tier Tribunal.
The reason for that proposal, with which I agree, is that Judge Page applied the wrong standard of proof to the determination of the appellant's nationality.
I now propose, without more ado, to set aside Judge Page's decision for error of law and remit the appellant's appeal to be heard afresh by the First-tier Tribunal.
Any submissions to the contrary will be considered if received within 14 days of the date of this letter."
2. No reply has been received.
3. I now set aside the decision of Judge Page for error of law and remit the appeal to the First-tier Tribunal for decision afresh.


C.M.G. Ockelton

C. M. G. OCKELTON
VICE PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Date: 22 July 2021