UI-2023-003382

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The decision


IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2023-003382

First Tier Number: EA/00799/2022





THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 12th October 2023

Before

UPPER TRIBUNAL JUDGE BRUCE


Between

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and


Sajmir Tabaku
(no anonymity order made)
Respondent



DECISION AND REASONS

1. On the 12th December 2022 the First-tier Tribunal (Judge G. Clarke) allowed the Respondent’s appeal under the EUSS. The Secretary of State was granted permission to appeal to this Tribunal on the 16th January 2023.

2. On the 25th September 2023 the parties reached an agreement on disposal. Pursuant to Rule 39(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008 they have proposed the matter be disposed of by consent in the following terms:

1. The hearing on 13 October is vacated; and

2. That the parties agree to the Tribunal summarily setting aside the decision of the First-tier Tribunal for error of law as identified in the Appellant’s (Secretary of State’s) grounds; and

3. That the Tribunal remakes the decision summarily dismissing the appeal.


Decisions

3. The decision of the First-tier Tribunal is set aside by consent.

4. The appeal is dismissed.

5. There is no order for anonymity.



Upper Tribunal Judge Bruce
Immigration and Asylum Chamber
7th October 2023