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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/34725/2015

 

 

THE IMMIGRATION ACTS

 

 

At Field House	Decision Promulgated
On 20 March 2018	On 21 March 2018

 

Before

 

UPPER TRIBUNAL JUDGE BRUCE

 

 

Between

 

Rana Muhammad Usman

(no anonymity direction made)

Appellant

And

 

Secretary of State for the Home Department

Respondent

 

 

DECISION AND REASONS

1.              The Appellant is a national of Pakistan born on the 28 ^th September 1989. On the 8 ^th June 2017 his appeal was dismissed by the First-tier Tribunal on human rights grounds.

2.              Permission was granted by Upper Tribunal Grubb on the 15 ^th February 2018. Judge Grubb considered it arguable that there had been a procedural unfairness in the hearing before the First-tier Tribunal. It appeared from the file that unbeknownst to the Judge, the Appellant had made an application for an adjournment on the grounds of ill-health.

3.              By way of Rule 24 response dated the 13 ^th March 2018 the Respondent indicated that she accepted that there had been a procedural irregularity. She invited the Upper Tribunal to set the decision of the First-tier Tribunal aside and to remit the matter for hearing de novo before a differently constituted First-tier Tribunal.

4.              The decision of the First-tier Tribunal (Judge J Bartlett) is therefore set aside by consent. The matter shall be remitted to the First-tier Tribunal for hearing de novo before a judge other than Judge Bartlett.

5.              I was not asked to make an order for anonymity and on the facts I see no reason to do so.

 

 

Upper Tribunal Judge Bruce

20 ^th March 2018