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This appeal comes back before me following a hearing on 21 September 2018 which resulted in my finding that the First-tier Tribunal ("FtT") erred in law in its decision on the appellant's appeal, such as to require its decision to be set aside. The hearing before me is for the re-making of the decision.
The decision promulgated after the hearing before me on 21 September 2018 is attached as an annex to this decision. It is headed "Decision and Directions" and I shall refer to it otherwise as the error of law decision. It is convenient at this point to quote the opening paragraphs of the error of law decision which explains the background to the appeal as follows:
"1. The appellant claims to be an undocumented Bidoon from Kuwait although the respondent contends that he is from Iraq and whose identity is other than that he has given.
He came to the UK in July 2011 and claimed asylum the day after his arrival. He was granted refugee status as an undocumented Bidoon from Kuwait on 20 September 2011 with leave to remain granted until 19 September 2016. He was subsequently granted indefinite leave to remain ("ILR").
However, on 20 July 2017 a decision was made to revoke his refugee status pursuant to paragraph 339AB of the Immigration Rules and to revoke his ILR pursuant to s.76(2)(a) of the Nationality, Immigration and Asylum Act 2002 ("the 2002 Act") (wrongly referred to as s. 76(2)(A) of the Immigration Rules in the First-tier Tribunal Judge's and the respondent's decisions).
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