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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/07545/2016

 

THE IMMIGRATION ACTS

 

Heard at Field House	Decision & Reasons Promulgated
On 25 April 2018	On 1 May 2018
Extempore

 

Before

 

UPPER TRIBUNAL JUDGE RINTOUL

 

Between

 

mr omar saleem

(ANONYMITY DIRECTION NOT MADE)

Appellant

 

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

Representation :

 

For the Appellant: The Appellant in person

For the Respondent: Mr P Deller, Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1.              This is a case in which the First-tier Tribunal refused the appellant's appeal on the sole basis of the decision in Sala [2016] UKUT 411. It is now accepted that the decision in Sala was incorrectly decided - see SM (Algeria)v ECO [2018] UKSC 9. It therefore follows that the decision of the First-tier Tribunal involved the making of an error of law and I set it aside.

2.              As there was no proper consideration of the appellant's appeal, and findings of fact I remit the decision to the First-tier Tribunal for a fresh decision on all issues.

 

 

 

Notice of Decision

 

1.              The decision of the First-tier Tribunal involved the making of an error of law and I set it aside.

2.              I remit the appeal to the First-tier Tribunal for a fresh decision on all issues.

 

 

 

Signed Date 27 April 2018

Upper Tribunal Judge Rintoul