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

Upper Tribunal

(Immigration and Asylum Chamber) appeal number: PA/01975/2017

 

THE IMMIGRATION ACTS

 

Heard at Glasgow	Decision and Reasons Promulgated
On 19 September 2019	On 23 September 2019

Before

 

UPPER TRIBUNAL JUDGE MACLEMAN

 

Between

 

BILAL [K]

(anonymity direction not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

For the Appellant: Mr S Winter, instructed by Frew & Co, Solicitors

For the Respondent: Mr A Govan, Senior Home Office Presenting Officer

 

DETERMINATION AND REASONS

1.              The appellant appeals against a decision by First-tier Tribunal Judge Greasley, promulgated on 15 April 2019.

2.              The respondent accepted that there had been procedural unfairness, amounting to error of law, in that the FtT proceeded at [32] on the basis that additional photographic evidence had not been filed with the FtT or intimated to the respondent, and declined to admit and consider that evidence. In fact, the evidence had been filed and intimated. Mr Govan conceded that the decision of the FtT should be set aside. That is unfortunate, as the case has already been heard more than once, but inevitable.

3.              Mr Govan sought, somewhat tentatively, to restrict the extent of re-hearing to the appellant's sur place claim; but I preferred the submission by Mr Winter that the evidence was capable of a wider bearing, and that an entirely fresh hearing was appropriate.

4.              The decision of the FtT is set aside. It stands only as a record of what was said at the hearing.

5.              The case is remitted to the FtT. The member(s) of the FtT chosen to consider the case are not to include Judge Greasley or Judge Wylie.

6.              No anonymity direction has been requested or made.

 

 

 

 

Dated 20 September 2019

UT Judge Macleman