UI-2023-002308

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Case No: UI-2023-002308
First-tier Tribunal No: EA/50156/2023


THE IMMIGRATION ACTS


Done at Field House
Decision & Reasons Promulgated
On 4 October 2023


16th October 2023

Before

UPPER TRIBUNAL JUDGE PERKINS

Between

SARABJEET SINGH
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

DECISION AND REASONS
1. Pursuant to rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008 I have determined this appeal without a hearing.
2. The Respondent agrees that the First-tier Tribunal erred by not considering all of the documents including witness statements.
3. The parties were invited to indicate if either of them objected to an order remitting the case to be redetermined in the First-tier Tribunal. The Appellant consented. The Respondent did not act in response to the invitation but, as it was prompted by the Rule 24 notice, their consent can be inferred.
4. In the circumstances I find that the First-tier Tribunal erred in law. I set aside its decision and I direct that the appeal be redetermined in the First-tier Tribunal.

Jonathan Perkins
Signed

Jonathan Perkins

Judge of the Upper Tribunal
Dated 4 October 2023