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

 

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/34911/2015

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 16 th November, 2017	On 20 th December, 2017

 

 

Before

 

Upper Tribunal Judge Chalkley

 

Between

 

Imtiyaz Yusuf Kalidas

(ANONYMITY DIRECTION Not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

 

For the Appellant: The Appellant did not appear and was not represented

For the Respondent: Mr Walker, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

 

 

1. The appellant is a citizen of India who was born on 7 ^th July, 1987. He appealed to the First Tier Tribunal against the refusal of the Secretary of State dated 15 ^th September, 2015, refusing him leave to remain outside the Rules. The appeal was heard by First-tier Tribunal Judge Dr Majid at Taylor House without an oral hearing.

 

2. The judge dismissed the appellant's appeal. The appellant applied for and was granted permission to appeal to the Upper Tribunal.

 

3. In dismissing the appellant's appeal, the judge failed to look at or consider any evidence and dismissed the appellant's appeal after having only read the respondent's decision and reasons for it. The determination does not give any indication as to the standard of proof applied by the judge.

 

4. Mr Walker quite rightly indicated that the determination could not possibly stand.

 

5. I set aside the determination of First-tier Tribunal Judge Majid. I accept that it does contain material errors of law, namely the failure to indicate the standard of proof the judge applied. It is also quite clear that he failed to consider any evidence he did have before him, being the copy of the appellant's application and the grounds of appeal.

 

6. I am satisfied that the appellant has effectively been denied a fair hearing and in the circumstances, I direct that the appeal should be heard afresh by a First-tier Tribunal Judge other than First-tier Tribunal Judge Majid.

 

 

Richard Chalkley

Upper Tribunal Judge Chalkley