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

IAC-FH-NL-V1

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/09444/2014

 

THE IMMIGRATION ACTS

 

 

Heard at Bradford	Decision & Reasons Promulgated
On 21 October 2014	On 20 November 2014

 

Before

 

judge of the first tier tribunal rimington

 

 

Between

 

mrs shazia kousar

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation:

For the Appellant: Mr A Khan, Solicitor of Ali & Co Solicitors

For the Respondent: Mr M Diwnycz, Home Office Presenting Officer

 

 

DECISION AND REASONS

1.             The appellant appealed against the decision to refuse her leave to remain on the basis of family life in the UK and to remove her by way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006. Her appeal was considered and dismissed on the papers by Judge C Grimshaw on 30^th May 2014.

2.             Permission to appeal was granted by First-tier Tribunal Judge Hollingworth in the following terms

“in the light of the chronology and evidence of the letter provided by Messrs Ali & Co Solicitors dated 9^th April 2014 it is clear that an oral hearing of this matter should have been listed. Difficulty has plainly arisen. The determination is vitiated by the procedural background to which I refer. No criticism can be made of the Judge”.

3.             It was clear at the hearing before me that a letter dated 9^th April 2014 from Ali & Co Solicitors requesting an oral hearing had been received by the Tribunal and a copy to that effect was produced at the hearing. It is unfortunate that this letter was dated 1^st July 2014.

4.             As such I found that Judge Grimshaw proceeded through no fault of her own in error and the matter should be re-listed before the First-tier Tribunal.

5.             Mr Diwnycz, sensibly in my view, did not resist this. I set aside the determination of Judge Grimshaw in its entirety and the matter should be remitted to the First-tier Tribunal further to Practice Statement 7.2.

 

Directions

(1) The matter is listed for one hour and the interpreter should be Mirpuri.

 

 

 

Signed Date 11^th November 2014

 

Judge Rimington

Judge of the First-tier Tribunal