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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/02632/2017

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision & Reasons Promulgated
On 7 th August 2018	On 22 nd August 2018

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE DAVIDGE

 

 

Between

 

FAISAL TAHSEEN ZAIGHAM

(anonymity direction not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: No representation

For the Respondent: Mr I Jarvis, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

EXTEMPORE JUDGMENT

Notice of the Extempore Decision

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

2.              This appeal concerned an EEA claim.

3.              The parties were agreed that the judge fell into error for the reasons set out in the grant of permission to the point that the documents the FtTJ thought were absent, and which caused him to dismiss the appeal, were in fact available and the appeal should have been allowed.

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

(1)           The First-tier Tribunal is infected by error of law and set aside;

(2)           I remake the decision allowing the Appellant's appeal on EEA grounds.

 

No anonymity direction is made.

 

Signed Date 07 August 2018

 

Deputy Upper Tribunal Judge Davidge

 

 

 

 

TO THE RESPONDENT

FEE AWARD

 

As I have allowed the appeal and because a fee has been paid or is payable, I have considered making a fee award and have decided to make no fee award for the following reason: none has been requested.