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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments


You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> EA006312018 [2018] UKAITUR EA006312018 (7 August 2018)
URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA006312018.html
Cite as: [2018] UKAITUR EA006312018, [2018] UKAITUR EA6312018

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Upper Tribunal

(Immigration and Asylum Chamber) Appeal Numbers: EA /00631/201 8

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House

Decision & Reasons Promulgated

On 02 July 2018

On 07 August 2018

 

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE DAVIDGE

 

 

Between

 

Mr Francis ANNO WADJA

(anonymity direction NOt made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr M Ume-Ezeoke, instructed directly

For the Respondent: Ms A Everett, Senior Home Office Presenting Officer

 

 

Notice of Extempore Decision

1.              Rule 40(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698 as amended) applies to this decision.

2.              These appeals concern an EEA claim. Both parties were agreed that the judge fell into error for the reasons set out in the grant of permission to the points that the decree absolute was before him and the fact of divorce was not in issue and he should not have placed weight on the absence of the originals of documents when the originals had been seen by the respondent. Both parties were in agreement that I should set the decision aside and remake it allowing the appellant's appeal.

3.              By consent the appeal to the Upper Tribunal is allowed as follows:

(a)           the First-tier Tribunal decision is infected by error of law.

(b)           the First-tier Tribunal decision is set aside.

(c)            I remake the decision allowing the appellant's appeal on EEA grounds.

 

 

 

Signed Date 26 July 2018

 

 


Deputy Upper Tribunal Judge Davidge

 


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URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA006312018.html