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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: OA/11314/2012

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Determination Promulgated
On 10 June 2014	On 11 June 2014

 

 

Before

 

UPPER TRIBUNAL JUDGE ESHUN

 

Between

 

MR FEISAL MOHAMMED AWEIS OMAR

 

Appellant

and

 

ENTRY CLEARANCE OFFICER, NAIROBI

Respondent

 

 

Representation:

 

For the Appellant: Ms G Loughran, Counsel

For the Respondent: Ms J Isherwood, HOPO

 

 

DECISION ON ERROR OF LAW

 

 

1. The appellant’s appeal has been remitted to the Upper Tribunal by the Court of Appeal for a full determination of the appellant’s appeal under Article 8 of the ECHR. The error of law agreed to by the Court of Appeal is set out in the concluding paragraph in the Statement of Reasons. It states the parties were in agreement that the UT made a material error of law in failing to consider or determine the appellant’s appeal on Article 8 grounds. This was in issue before the FtT but the FtTJ did not make any findings on it either because she allowed the appeal under the Immigration Rules. The UT substituted its decision for the FtT determination, but the UT determination did not demonstrate that any consideration was given to the Article 8 issues.

 

2. As the appellant’s appeal under Article 8 was not determined by the First-tier Judge, it is appropriate to remit this appeal to the First-tier Tribunal for a full determination of the Article 8 issues. Counsel said she was not running the English language requirement as a separate issue but would incorporate it as part of the considerations under Article 8.

 

3. First-tier Tribunal Judge Thew found at paragraph 21 that there was no dispute that the sponsor was in a position to provide adequate accommodation. At paragraph 35 she was satisfied that the appellant and the sponsor would be able to maintain themselves and their son adequately without recourse to public funds. These findings shall stand.

 

 

 

 

 

 

Signed Date: 10 June 2014

Upper Tribunal Judge Eshun

 

 

 

 

DIRECTIONS

 

The appeal is to be reheard at Taylor House by a FtTJ other than FtTJ Thew

 

Date of Hearing – 14 October 2014

 

Time estimate – 2 hours

 

Sponsor is the only witness

 

No interpreter required.