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The appellant appeals against a determination by First-tier Tribunal Judge Newberry (promulgated on 9 th June 2014 following a hearing at Taylor House on 6 May 2014) dismissing his appeal against refusal of entry clearance to join his father in the UK.
The information available is incomplete but it was enough for the Presenting Officer (very fairly) to concur that there was a breakdown of procedure such that there has not yet been a fair hearing.
The determination of the First-tier Tribunal is set aside . Under Section 12(2)(b)(i) of the 2007 Act and Practice Statement 7.2 the nature and extent of judicial fact finding necessary for the decision to be remade is such that it is appropriate to remit the case to the First-tier Tribunal . The member(s) of the First-tier Tribunal chosen to reconsider the case are not to include Judge Newberry.
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Common Room
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