(Immigration and Asylum Chamber) Appeal Number: PA/13422/2017
THE IMMIGRATION ACTS
Heard at Manchester CJC
Decision and Reasons Promulgated
On 17th December 2018
On 04th January 2019
UPPER TRIBUNAL JUDGE COKER
(anonymity direction not made)
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the appellant: Mr KJ Wood counsel instructed by IAS
For the respondent: Mr A McVeety, Senior Home Office Presenting Officer
DETERMINATION BY CONSENT
Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:
Upon the determination by First-Tier Tribunal Judge S T Fox promulgated on 1st May 2018 disclosing a material error of law and being set aside on 17th December 2018.
And upon the parties agreeing that the appeal against the refusal of his protection claim should be remitted to the First-tier Tribunal for a fresh determination with no findings retained.
The appeal in the Upper Tribunal is allowed. The decision of the First-tier Tribunal is set aside for legal error. The appeal against the decision giving rise to the appeal in the First-tier Tribunal is remitted to the First-tier Tribunal to be reheard.
Signed Date 17th December 2018
Upper Tribunal Judge Coker