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

IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER	Case No: UI-2023-002999
	First-tier Tribunal No: HU/02476/2021

 

THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 18 December 2023

 

Before

 

UPPER TRIBUNAL JUDGE BLUNDELL

 

Between

 

RATHORN MOHAMED ALSHIBLI

(NO ANONYMITY ORDER MADE)

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

Determined on the papers under Rule 34

 

DECISION AND REASONS

 

1.              By a notice under rule 24, which was issued in response to directions given by Judge Perkins, the respondent accepts that the hearing before FtT (Judge Kelly) was procedurally unfair. The respondent therefore submits that there is no need for an oral hearing and that the matter might properly be remitted to the FtT de novo forthwith.

2.              I agree. It was procedurally unfair for the judge to proceed with the hearing in the circumstances he described at [13]-[14] of his decision because neither the appellant nor his representatives had had proper notice of the hearing. Rule 34 permits me in these circumstances to make the decision on the appeal without a hearing and I am satisfied that it is appropriate to do so.

3.              The appeal to the Upper Tribunal is therefore allowed. The appeal is remitted to the FtT to be heard afresh by a judge other than Judge Kelly.

Notice of Decision

 

Appeal allowed. Appeal remitted to FtT de novo.

 

 

 

M.J.Blundell

 

Judge of the Upper Tribunal

Immigration and Asylum Chamber

 

 

12 December 2023