PA/12270/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/12270/2016


THE IMMIGRATION ACTS


Heard at Glasgow
Decision & Reasons Promulgated
On 3 January 2018
On 10 January 2018



Before

UPPER TRIBUNAL JUDGE MACLEMAN


Between

HAI HOANG
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


For the Appellant: Miss L Irvine, Advocate, instructed by Latta & Co, Solicitors
For the Respondent: Mr M Matthews, Senior Home Office Presenting Officer


DETERMINATION AND REASONS
1. The appellant appeals against a decision by Designated First-tier Tribunal Judge Murray, promulgated on 28 August 2017, dismissing his appeal on all grounds.
2. Without conceding all the detailed grounds of challenge, Mr Matthews accepted that the judge went wrong in relying on the age assessment, although she had acknowledged earlier in her decision that the assessment had been discarded by the local authority which made it; that a finding on age was needed; and that this impacted upon the article 8 outcome.
3. Although that appeared to be the only substantial issue of fact, the appellant preferred the outcome to be a remit to the FtT, and the respondent did not oppose that course.
4. The decision of the FtT is set aside. It stands only as a record of what was said at the hearing. The case is remitted to the FtT for a fresh hearing.
5. The member(s) of the FtT chosen to consider the case are not to include Judge Murray.
6. No anonymity direction has been requested or made.





4 January 2018
Upper Tribunal Judge Macleman