2016 THE IMMIGRATION

Dec 3, 2018 - Upper Tribunal. (Immigration and Asylum Chamber). Appeal Number: EA/10994/2016. THE IMMIGRATION ACTS. Heard at the Royal Court of ...

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Upper Tribunal (Immigration and Asylum Chamber)

Appeal Number: EA/10994/2016

THE IMMIGRATION ACTS Heard at the Royal Court of Justice On 3rd December 2018

Decision & Reasons Promulgated On 7th December 2018

Before UPPER TRIBUNAL JUDGE COKER Between LAELSON PESSOA DE ASSIS JUNIOR Appellant and THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent Representation For the appellant: Mr J Plowright counsel instructed by Mentor Legal For the respondent: Mr D Clarke, Senior Home Office Presenting Officer DETERMINATION BY CONSENT Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made: Upon the determination by First-Tier Tribunal Judge Watson promulgated on 1st February 2018 disclosing a material error of law, the appellant and his legal representatives not having been notified of the hearing date, and being set aside on 3rd December 2018. And upon the parties agreeing that the appellant has not had the benefit of an appeal and that the proper course is for the appeal to be

© CROWN COPYRIGHT 2018

Appeal Number: EA/10994/2016

remitted to preserved.

the First-tier

Tribunal for re-hearing, no

findings

The appeal in the Upper Tribunal is allowed. The decision of the First-tier Tribunal is set aside for legal error. The appeal against the decision giving rise to the appeal in the First-tier Tribunal is remitted to the First-tier Tribunal.

Signed Upper Tribunal Judge Coker

Date 3rd December 2018

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