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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU/07667/2018

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision & Reasons Promulgated
On 26 July 2019	On 6 August 2019

 

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE CHANA

 

 

Between

 

Mr H Hasan Akm Mofazzal

(ANONYMITY DIRECTION NOT MADE)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr Md Chowdhury, Legal Representative

For the Respondent: Ms A Fijiwala, Senior Presenting Officer

 

 

DECISION AND REASONS

 

1. This is an appeal against the decision of First-tier Tribunal Judge P S Aujla of the First-tier Tribunal in a decision dated 5 April 2019 who dismissed the appellant's appeal under Article 8 of the European Convention on Human Rights. Permission to appeal was granted by Upper Tribunal Judge Pickup in a decision dated 25 June 2019.

 

2. At the hearing, Ms Fijiwala accepted that there has been a material error of law in the decision of the First-tier Tribunal due to procedural unfairness. This is because the appellant provided medical evidence that his adjournment request should have been granted as he was indisposed and could not attend the hearing. I agree that denial of the adjournment request by the appellant lead to a material error of law as he was denied a fair hearing.

 

3. I therefore direct that the appeal be remitted to the First-tier Tribunal for a fresh hearing before any Judge other than Judge Aujla. No findings of facts are to be preserved and there should be a de novo hearing.

 

Notice of Decision

 

The appeal is allowed to that limited extent

 

No anonymity direction is made.

No fee award is made

 

 

Signed Date 30 ^th day of July 2019

 

Deputy Upper Tribunal Judge Chana