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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> EA068572017 [2018] UKAITUR EA068572017 (14 September 2018) URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA068572017.html Cite as: [2018] UKAITUR EA68572017, [2018] UKAITUR EA068572017 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/06857/2017
THE IMMIGRATION ACTS
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Heard at Manchester Civil Justice Centre |
Decision & Reasons Promulgated |
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On 11 th September 2018 |
On 14 th September 2018 |
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Before
UPPER TRIBUNAL JUDGE COKER
Between
BERNANITO DA COSTA AMARO
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation
For the appellant: Ms G Patel counsel instructed by Clearwater solicitors
For the respondent: Mr A McVeety, Senior Home Office Presenting Officer
DETERMINATION BY CONSENT
Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and with the consent of the parties the following order is made:
Upon the determination by First-Tier Tribunal Judge M M Thomas promulgated on 16 th November 2017 disclosing a material error of law and being set aside on 11 th September 2018.
And upon the parties agreeing that the appellant's appeal has not been lawfully considered on the basis of the evidence available, the appeal by Mr Amaro against the refusal of admission is allowed.
The appeal in the Upper Tribunal is allowed. The decision of the First-tier Tribunal is set aside for legal error and the appeal is remitted to the First-tier Tribunal for full rehearing.
Signed Date 11 th September 2018
Upper Tribunal Judge Coker
