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

IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER

Case No: PA/03840/2015

 

 

THE IMMIGRATION ACTS

 

Decision & Reasons Issued:

On the 21 August 2023

 

 

Before

 

MR C M G OCKELTON, VICE PRESIDENT

UPPER TRIBUNAL JUDGE O'CALLAGHAN

 

 

Between

 

IGOR ZAGORSKIJ

 

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

Representation :

For the Appellant: Ms B Asanovic, instructed by Lawrence & Co Solicitors.

For the Respondent: Mr E Tufan, Senior Home Office Presenting Officer.

 

Heard at Field House on 26 July 2023

 

REMITTAL AND DIRECTIONS

 

1.            The decision of the First-tier Tribunal in this appeal, dated 24 February 2017, was set aside for error of law on appeal to this Tribunal on 21 November 2017. On 10 May 2019, the appeal to this Tribunal was dismissed. By Order of the Court of Appeal made by consent on 2 February 2021 the decision of 10 May 2019 (only) was set aside and the appeal was remitted to this Tribunal "for reconsideration."

2.            Because of the passage of time extensive further evidence and fact-finding is likely to be required, and the Secretary of State will wish to consider her position in the light of new evidence from the appellant's side. Both parties consent to the decision we make.

3.            We remit the appeal to the First-tier Tribunal for a fresh decision. We direct that the appeal hearing be no earlier than January 2024, on a date appointed after consultation with the appellant's representation.

C.M.G. Ockelton

 

C. M. G. OCKELTON

VICE PRESIDENT OF THE UPPER TRIBUNAL

IMMIGRATION AND ASYLUM CHAMBER

Date: 26 July 2023