(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
UPPER TRIBUNAL JUDGE PERKINS
SECRETARY OF STATE FOR THE HOME DEPARTMENT
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.
Judge of the Upper Tribunal
Dated 4 October 2023