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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/09314/2016

 

 

THE IMMIGRATION ACTS

 

 

Upper Tribunal Field House	Decision & Reasons Promulgated
On the papers	On 21 st August 2018

 

Before

 

UPPER TRIBUNAL JUDGE KOPIECZEK

 

 

Between

 

TOPE ADESHINA ADEMOLA

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

DECISION

1.              By direction dated 30 July 2018 Upper Tribunal Judge Pitt said that following the decisions in Khan v Secretary of State for the Home Department [2017] EWCA Civ 1755 and SM (Algeria) v Entry Clearance Officer [2018] UKSC 9, and taking into account the respondent's stated view, she proposed to find an error of law in the decision of the First-tier Tribunal and remit the matter to the First-tier Tribunal for the decision to be re-made unless either party informed the Tribunal in writing that that party objects to that course.

2.              Neither party having signified any such objection, I find an error of law in the decision of the First-tier Tribunal and remit the appeal to the First-tier Tribunal for a hearing de novo before a judge other than First-tier Tribunal Judge Thomas, with no findings preserved.

 

 

Upper Tribunal Judge Kopieczek 9/08/2018