United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: AA/08264/2014

 

 

THE IMMIGRATION ACTS

 

 

Heard at: Field House	Decision Promulgated
On: 11th February 2015	On 2nd March 2015

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE BRUCE

 

 

Between

 

Wakel Ahmadzai

(no anonymity direction made)

Appellant

And

 

Secretary of State for the Home Department

Respondent

 

 

Representation:

For the Appellant: Ms Mascord, Lawrence Lupin Solicitors

For the Respondent: Ms Everett, Senior Home Office Presenting Officer

 

 

DETERMINATION AND REASONS

 

1.             The Appellant is a national of Afghanistan date of birth 1^st January 1993. He has permission [1] to appeal against the decision of the First-tier Tribunal (Judge Fisher) [2] to dismiss his appeal against the Respondent’s decision to refuse him leave to enter the United Kingdom [3].

 

2.             The appeal was dismissed because the First-tier Tribunal did not have before it any reasons why the decision of the Respondent was challenged. Judge Fisher notes that the Notice of Appeal form lodged on the 16^th October 2014 refers to “attached grounds’ but no grounds were attached to it. On the 20^th October 2014 the Tribunal directed the Appellant’s representatives to lodge specific grounds with a warning that failure to do so would result in the matter being dismissed without a hearing under the provisions of the 2005 Procedure Rules.

 

3.             The matter came before Judge Fisher on the 11^th November 2014 and on that date no reasoned grounds were in the file. He accordingly dismissed the appeal.

 

4.             The grounds of appeal are that in fact grounds of appeal specific to the Appellant were lodged twice; first on the 16^th October 2014 by way of fax and then on the 22^nd October 2014 by post. In respect of the first set, Lawrence Lupin Solicitors use software called Faxmaker which records not only the transmission time and record of delivery, but the content of the material sent. That has been produced by PDF attachment. The successfully sent fax consisted of 29 pages, page 28 of which is the grounds of appeal that specifically relate to this Appellant. The grounds were then sent by post on the 22^nd October 2014, and the Appellant now produces a ‘recorded delivery slip’ showing that they were received at the Tribunal on the 27^th October 2014 at 8.03am.

 

5.             I find that the First-tier Tribunal erred in its finding that no reasoned grounds of appeal had been lodged. I make no criticism of Judge Fisher, since it would appear by administrative error that the grounds were not linked with the file.

 

6.             In the circumstances I direct that the matter be remitted to the First-tier Tribunal where the Appellant can have his asylum appeal listed, heard and determined following an oral hearing.

 

 

Decisions

 

7.             The determination of the First-tier Tribunal contains an error of law and it is set aside.

 

8.             The appeal is to be re-made in the First-tier Tribunal.

 

 

 

Deputy Upper Tribunal Judge Bruce

11^th February 2015