UI-2023-000773
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The decision
IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2023-000773
First-tier Tribunal Nos: HU/57278/2021
IA/00316/2022
THE IMMIGRATION ACTS
Decision & Reasons Issued:
On the 25 October 2023
Before
DEPUTY UPPER TRIBUNAL JUDGE DAVIDGE
Between
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and
MOHAMMED SADIK ABDUL JABBAR
(NO ANONYMITY ORDER)
Respondent
Representation:
For the Appellant: Mr C Avery, Senior Home Office Presenting Officer
For the Respondent: Ms M Cleghorn, instructed by Halliday Reeves Solicitors
Heard at Field House on 7 September 2023
NOTICE OF DECISION
EXTEMPORE JUDGMENT
1. Rule 40(3)(a) and (b) of the Tribunal Procedure (Upper Tribunal) Rules 2008 as amended applies to this decision.
2. The decision of the First-tier Tribunal promulgated on 24th February 2023 is vitiated by an error of law as agreed between the parties. I set it aside.
3. The appeal is remitted to the First tier Tribunal to be heard de novo at an oral hearing other than by Judge A B Caskie.
E M Davidge
Judge of the Upper Tribunal
Immigration and Asylum Chamber
24 October 2023