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

 

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: pa/09043/201 7

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision and Reasons Promulgated
On 18 June 2018	On 21 June 2018

 

Before

 

UPPER TRIBUNAL JUDGE KOPIECZEK

 

 

Between

 

GT

(anonymity DIRECTION MADE)

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Ms A. Bruce-Jones, Counsel

For the Respondent: Mr P. Duffy, Senior Home Office Presenting Officer

 

 

DECISION PURSUANT TO RULE 40(3)(a) OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008

 

1.              The appellant is a citizen of Cameroon. She appealed to the First-tier Tribunal ("FtT) against a decision dated 29 August 2017 to refuse a protection claim. Her appeal was dismissed.

2.              The grounds of appeal in relation to the decision of the FtT contend, amongst other things, that the FtT erred in law in refusing an application for an adjournment in circumstances where the respondent produced additional evidence on the day of the hearing before the FtT.

3.              At the hearing before me it was agreed between the parties that the FtT did materially err in law in refusing to grant the application for an adjournment and that in consequence its decision should be set aside with the appeal being remitted to the FtT for a hearing de novo.

4.              In the circumstances, and considering the decision of the FtT, the grounds of appeal in relation to its decision and all other relevant documentation relevant to that issue, I set aside the decision of the FtT and remit the appeal to the FtT for a hearing de novo before a differently constituted First-tier Tribunal, with no findings of fact preserved.

5.              Pursuant to rule 40(3)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008, no reasons (or further reasons) are required, the decision being made with the consent of the parties.

 

 

Upper Tribunal Judge Kopieczek dated 18/06/18