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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/02807/2015

 

 

THE IMMIGRATION ACTS

Dealt with on the papers at Field House	Decision and Reasons Promulgated
On 14 th August 2015	On 18 th August 2015

 

Before

 

upper tribunal judge MARTIN

 

 

Between

 

MRS NUSRAT YEASMIN

ANONYMITY DIRECTION NOT MADE

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

DETERMINATION AND REASONS

1.              This is an appeal to the Upper Tribunal, with permission, by the Appellant with regard to a decision of the First-tier Tribunal (Judge E M M Smith) promulgated on 24 ^th March 2015 by which it dismissed her appeal against the Secretary of State's decision to refuse to vary her leave to remain as a Tier 4 (General) Student Migrant and/or on Article 8 grounds.

2.              The appeal was dealt with on the papers at the Appellant's request. She had paid the fee appropriate for a paper hearing.

3.              The Judge indicated that no further evidence had been received from the Appellant. However the file contains a bundle of documents provided to the Tribunal by the Appellant which was marked as having been received by the Tribunal on 19 ^th March; before the appeal was determined.

4.              It seems that the documents, although received by the Tribunal, had not reached the file due to administrative error. That being the case the administrative error amounts to a legal error as the Appellant did not have a fair consideration of her appeal.

5.              With the consent of the parties I set aside the decision of the First-tier Tribunal and remit it to the First-tier Tribunal to be decided on the papers by any Judge other than E M M Smith.

6.              The appeal to the Upper Tribunal is allowed as set out above.

 

 

Signed Date 14 ^th August 2015

 

Upper Tribunal Judge Martin

 

 

 

Direction regarding anonymity

There is no application for nor necessity for an anonymity direction and I do not make one.

 

 

Signed Date 14 ^th August 2015

 

Upper Tribunal Judge Martin