UI-2023-004753 & UI-2023-004754

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The decision


IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No.: UI-2023-004753
UI-2023-004754
First-tier Tribunal No: HU/5850/2022
HU59851/2022



THE IMMIGRATION ACTS

Decision & Reasons Issued:
On the 15 December 2023

Before

DEPUTY JUDGE of the UPPER tribunal McCARTHY

Between

MMK
FMK
(anonymity direction made)
Appellant
and

entry clearance officer – sheffield

Respondent
Representation:

For the Appellant: Mr R Spurling, instructed by Times PBS
For the Respondent: Ms H Gilmour, Home Office Presenting Officer

Heard at Field House on 8 December 2023

Order Regarding Anonymity

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellants and any member of their family is granted anonymity. Failure to comply with this order could amount to a contempt of court. No-one shall publish or reveal any information, including the name or address of the appellants, likely to lead members of the public to identify the appellants or any member of their family.


DECISION AND REASONS
1. The appellants appeal with permission granted by First-tier Tribunal Judge Hollings-Tennant, against the decision of First-tier Tribunal Judge Chana, that was promulgated on 13/09/2023.
2. This was a hybrid hearing at the request of the Presenting Officer. There were no connectivity difficulties.
3. At the start of the hearing, Ms Gilmour informed me that the ECO no longer opposes the appeal because it is accepted there are contradictory findings in the decision regarding whether family life existed between the appellants and sponsor.
4. The parties agreed that the appeal needed to be remitted to the First-tier Tribunal for a fresh hearing and nothing is preserved from the
5. The parties agreed that the appeal needed to be remitted to the First-tier Tribunal for a fresh hearing and nothing is preserved from the appealed decision.

Notice of Decision
The decision under appeal contains legal error and is set aside.
I remit the appeal to be heard afresh in the First-tier Tribunal by a judge other than Judge Chana.


Judge John McCarthy
Deputy Judge of the Upper Tribunal
Date: