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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> UI2023004616 [2024] UKAITUR UI2023004616 (10 January 2024) URL: http://www.bailii.org/uk/cases/UKAITUR/2024/UI2023004616.html Cite as: [2024] UKAITUR UI2023004616 |
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IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER |
Case No: UI-2023-004616 |
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First-tier Tribunal No: EU/51263/2023 |
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THE IMMIGRATION ACTS
Decision & Reasons Issued:
10 th January 2024
Before
UPPER TRIBUNAL JUDGE LANE
Between
ANETA RAHLOVA NOVAKOVA
(NO ANONYMITY ORDER MADE)
Appellant
and
Secretary of State for the Home Department
Respondent
Representation :
For the Appellant: In person
For the Respondent: Mr Parvar, Senior Presenting Officer
Heard at Field House on 2 January 2024
DECISION AND REASONS
1. The appellant appeals against a decision of the First-tier Tribunal dismissing her appeal against a decision of the Secretary of State dated 20 February 2023 to refuse her application for settled/pre-settled status under the EU Settlement Scheme.
2. At the initial hearing at Field House on 2 January 2024, Mr Parvar, who appeared for the Secretary of State, told me that the appeal was not opposed. The respondent accepts that, whilst the appellant, a litigant in person, was directed to respond to the refusal of her application, she was not clearly directed to upload additional evidence in support of her case. As a consequence of that irregularity, the appellant did not have a fair hearing of her appeal.
3. In the circumstances, I set aside the decision of the First-tier Tribunal. I indicated to the appellant that the next hearing will be at Taylor House, London, one of the hearing centres of the First-tier Tribunal and that she make every effort to attend and, prior to doing so, she should ensure that the First-tier Tribunal and the respondent receives any documentary evidence upon which she seeks to rely.
Notice of Decision
The decision of the First-tier Tribunal is set aside. None of the findings of fact shall stand. The appeal is returned to the First-tier Tribunal for that Tribunal to remake the decision after an oral hearing on a date to be fixed.
(HEARING DIRECTIONS: First available date at Taylor House; face to face; not Judge Herlihy; 1.5 hours)
C. N. Lane
Judge of the Upper Tribunal
Immigration and Asylum Chamber
Dated: 2 January 2024
