PA/10556/2018

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/10556/2018


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 25 September 2019
On 27 September 2019


Before

upper tribunal judge sheridan


Between

N N
(ANONYMITY DIRECTION MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Ms Allen, Counsel instructed by Jein solicitors
For the Respondent: Ms Everett, Senior Home Office Presenting Officer


CONSENT ORDER
1. Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:
a. Upon the parties agreeing that the decision of First-Tier Tribunal Bart-Stewart promulgated on 1 July 2019 discloses a material error of law and should be set aside.
b. And upon the parties agreeing that the appeal should be remitted to the First-tier Tribunal.
c. The decision of the First-tier Tribunal is set aside for legal error and the appeal is remitted to the First-tier Tribunal to be made afresh by a different judge with no findings preserved.

Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008
Unless and until a Tribunal or court directs otherwise, the appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him or any member of his family. This direction applies both to the appellant and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.


Signed





Deputy Upper Tribunal Judge Sheridan


Dated: 25 September 2019