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The appellants were granted permission to appeal to the Upper Tribunal on 20 January 2016 by Judge Zucker, a Designated First tier Tribunal Judge. In granting permission Judge Zucker said, "The grounds submit that the Judge's approach to article 8 ECHR was flawed. In the light of the guidance in the case of Mostafa (Article 8 in entry clearance) [2015] UKUT 112 (IAC) it is arguable that the Judge erred."
For the reasons given above I set aside the decision of Judge David Taylor as having been made in material error of law. I direct that the appeal be heard afresh by any Judge of the First Tier Tribunal other than Judge David Taylor.
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