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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Numbers: OA/00359/2015

OA/00360/2015

OA/00361/2015

 

 

THE IMMIGRATION ACTS

No hearing	Decision and Reasons Promulgated
30 November 2015	On 9 December 2015

 

Before

 

MR C M G OCKELTON, VICE PRESIDENT

 

 

Between

 

MUHAMMAD BILAL

FOUZIA NASREEN

ARZOO KHALID

Appellants

and

 

ENTRY CLEARANCE OFFICER, ISLAMABAD

Respondent

DECISION AND REMITTAL

1.              The appellants are nationals of Pakistan. They appealed to the First-tier Tribunal against decisions of the respondent on 9 December 2014, paying the fee appropriate to an appeal without a hearing. Judge Anthony dismissed the appeals. The appellants now have permission to appeal to this Tribunal granted on the ground that Judge Anthony had mistaken the decision against which the first appellant appealed, and had accordingly taken into account material not relevant to the decision under appeal.

2.              On 16 October 2015 I wrote to the parties' representatives as follows:-

" I have reviewed the file in this case in the light of the grant of permission to appeal. I propose to determine that the First-tier Tribunal erred in law and remit the appeals for a new decision (without a hearing) by a different First-tier Tribunal Judge. Any proposals to the contrary will be considered if received within 14 days of the date of this letter."

3.              Neither party has raised any objection to the course of action proposed. The appellants have courteously sought that there be a hearing when the matter returns to the First-tier Tribunal. Their sponsor indicates that he will pay any supplementary fee necessary. He will need to get in touch with the First-tier Tribunal and make the necessary arrangements under art 3(4) of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011.

4.              So far as concerns the present appeal, my decision is that Judge Anthony erred in law. I set his decision aside and remit the appeals to the First-tier Tribunal for determination by a different judge.

 

 

C. M. G. OCKELTON

VICE PRESIDENT OF THE UPPER TRIBUNAL

IMMIGRATION AND ASYLUM CHAMBER

Date: 30 November 2015