UI-2023-004693

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2023-004693
First-tier Tribunal No: PA/50590/2023


THE IMMIGRATION ACTS


Decision & Reasons Issued:
On the 03 April 2024

Before

UPPER TRIBUNAL JUDGE SHERIDAN

Between

HM
(ANONYMITY DIRECTION CONTINUED)
Appellant
and

Secretary of State for the Home Department
Respondent


DECISION MADE WITHOUT A HEARING IN ACCORDANCE WITH RULE 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008

1. The appellant applied for permission to challenge a decision of Judge of the First-tier Tribunal Reed dated 24 September 2023. The grounds seek remittal to the First-tier Tribunal for a fresh decision before a different judge.

2. On 23 October 2023 permission to appeal was granted by the First-tier Tribunal.

3. On 8 November 2023 the respondent filed a Rule 24 response stating:

1. The respondent to this appeal is the Secretary of State for the Home Department. Documents relating to this appeal should be sent to the Secretary of State for the Home Department, at the above address.

2. The SSHD does not oppose the grounds as drafted which when considered cumulatively disclose material errors of law such that the decision of the FTTJ should be set aside and the matter remitted to the First tier Tribunal to be heard afresh.

4. As the parties are in agreement that the decision of the First-tier Tribunal should be set aside and the case remitted to the First-tier Tribunal to be heard afresh, I will make a decision reflecting this.

DECISION

5. The decision of the First-tier Tribunal is set aside and the appeal is remitted to the First-tier Tribunal to be made afresh by a different judge.




D. Sheridan
Upper Tribunal Judge Sheridan
Judge of the Upper Tribunal
Immigration and Asylum Chamber

27.3.2024