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The appellant (NT) is a citizen of Colombia and his date of birth is 3 December 2012. His mother, the sponsor (MT) is a citizen of Colombia with permanent residence pursuant to the Immigration (EEA) Regulations 2006 ("the 2006 Regulations").
The appellant made an application for entry clearance which was refused by the ECO in a decision of 11 July 2013.
The appellant appealed against the decision and the appeal was allowed by First-tier Tribunal Judge Majid. I set aside that decision on the basis that the judge made a material error of law for the reasons identified at paragraphs 9 - 12 of my decision of 13 April 2015.
The sponsor was not at the hearing before me. I was informed by her representative that she had returned to Colombia in order to be with her son in March of this year and it is expected that she returns on 23 April 2015.
Mr Jarvis submitted that the matter should be remitted to the First-tier Tribunal. Mr Unigwe did not have a view. My concern is that this appeal concerns a very young child. I am concerned about the history of the case and the manner in which it has been managed by both parties. There has been non-compliance with the directions of the FtT by the Secretary of State and a failure by both parties to grapple with the issues in the case. In the light of the issues I adjourned the case for an oral hearing before me in the UT on 29 April 2015."
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