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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA /07217/2017

 

 

THE IMMIGRATION ACTS

 

 

No hearing	Decision and Reasons Promulgated
On 18 July 2018	On 25 July 2018

 

Before

 

MR C M G OCKELTON, VICE PRESIDENT

 

 

Between

 

[A A]

(anonymity direction not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

DECISION AND REMITTAL

1.              On 21 June 2018, I wrote to the parties as follows:

 

"Permission to appeal to this Tribunal has been granted in the following terms:

 

"The appellant's grounds of appeal assert that the judge was unfair in not granting an adjournment to enable the appellant to obtain medical evidence to support his claim that he was tortured and that the judge further erred by refusing to accept this medical report as post hearing evidence. The appellant also asserts that the judge's assessment of the appellant's evidence was flawed as he took into account irrelevant evidence.

 

Taking into account the guidance given in Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) it is arguable that there was an error of law in refusing the adjournment request. The other grounds are arguable. Permission is granted."

 

There has been no response under rule 24. I propose without more ado to set aside the decision of the First-tier Tribunal for error of law, and remit the appeal for re-determination by the First-tier Tribunal. Any submissions to the contrary will be considered if received within 14 days of the date of this letter."

2.              There has been no response adverse or otherwise.

3.              For the reasons given above I now set aside the decision of the First-tier Tribunal for error of law. I remit the appeal to the First-tier Tribunal for the re-determination by a different judge.

 

 

C. M. G. OCKELTON

VICE PRESIDENT OF THE UPPER TRIBUNAL

IMMIGRATION AND ASYLUM CHAMBER

Date: 18 July 2018.