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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/23458/2013

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Determination Promulgated
On 29th September 2014	On 7th November 2014

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE RIMINGTON

 

Between

 

Mr Vyacheslav Ovdyeyenko

(No Anonymity Direction Made)

 

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

 

Representation:

 

For the Appellant: Mr Bazini, instructed by Gulbenkian Andonian Solicitors

For the Respondent: Mr Melvin, Home Office Presenting Officer

 

DECISION AND REASONS

 

1.      At the hearing before me Mr Bazini submitted that one of the witnesses for the appellant had been taken to hospital and would be unable to attend. Mr Melvin did not challenge an adjournment.

 

2.      Mr Bazini accepted that the IS 151 notice had been served on the appellant in 1998. He now submitted that the evidence disclosed that the appellant had a relationship within the UK with Ms Galitcki which was not previously argued.

 

3.      Having found an error of law in the First Tier Tribunal determination the matter is remitted to the First Tier Tribunal in accordance with Practice Direction 7.2(b) of the Presidential Practice Statement dated 25 September 2012. Having regard to the nature and extent of the judicial fact finding necessary in order for the decision in the appeal to be re-made in the light of the overriding objective in rule 2, it is appropriate to remit the case to the First-tier Tribunal.

 

 

Signed Date 29th September 2014

 

 

Deputy Upper Tribunal Judge Rimington