IA006842014

Mr Palasa is a Nigerian national born on 5 March 1976. The Secretary of State refused his application for Indefinite Leave to Remain on 9 December 2013. His appeal against that decision was allowed by First-tier Tribunal Judge Majid ("the Judge") following a hearing on 24 September 2014. For the sake of consistency with the decision in the First-tier Tribunal I will hereafter refer to Mr Palasa as the Appellant and to the Secretary of State as the Respondent.

At a hearing on 3 November 2015 I determined that there was a material error of law in that determination and set it aside. When I indicated that it was my intention to re-hear the case immediately, Mr Bramble submitted that he was not in a position to properly represent the Respondent if the matter was be re-heard immediately as he did not have the 178 page bundle of evidence filed by the Appellant that was before the Judge.

I accepted that there was insufficient time for Mr Bramble to read the bundle and prepare cross-examination (it by then being 2.50pm and there being another case in the list) and in the interests of fairness, the matter would have to be adjourned. The only remaining issue was the appropriate forum.

Mr Bramble submitted that it was appropriate to remit the matter back to the First-tier Tribunal as there had been no findings. Miss Butler agreed as. I indicated that I would remit the matter back to the First-tier Tribunal.

Upon reflection and having considered the papers in much more detail and having considered the President's Practice Direction in more detail I formed the view that it was more appropriate to retain the matter in the Upper Tribunal.