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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU/06844/2019

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision & Reasons Promulgated
On the 22 June 2022	On the 19 July 2022

 

Before

 

UPPER TRIBUNAL JUDGE blum

 

 

Between

 

SAYEED KHAN MOHAMMED

(anonymity direction NOT MADE)

Appellant

and

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: None (the appellant's counsel, Mr A Chohan, was unable to attend the hearing)

For the Respondent: Mr E Tufan, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

1.              This decision is issued under the provisions of rule 40(3)(a) and (b) of the Tribunal Procedure (Upper Tribunal) Rules 2008. Both subparagraphs of rule 40(3) apply to this decision.

2.              The decision of Judge of the First-tier Tribunal L K Gibbs, promulgated on 29 July 2019 is erroneous in law. This was conceded by the Presenting Officer at the 'error of law' hearing. The Judge acted in a procedurally unfair manner when refusing to adjourn the hearing for the reasons advanced in the grounds of appeal and in light of the comments of Upper Tribunal Judge Grubb in granting permission to appeal.

3.              The appeal is remitted the First-tier Tribunal to be determined de novo by a judge other than Judge L K Gibbs.

 

Notice of Decision

The judge's decision contains a material error of law. The case is remitted back to the First-tier Tribunal, to be heard afresh by a judge other than Judge L K Gibbs.

 

 

 

D.Blum 29 June 2022

 

Signed Date

Upper Tribunal Judge Blum