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

 

 

IN THE UPPER TRIBUNAL

(IMMIGRATION AND ASYLUM CHAMBER) Case No: UI-2022-006201

UI-2022-006202

UI-2022-006203

 

First tier No's: HU/56624/2021

HU/56618/2021

HU/56615/2021

 

Heard at Belfast RCJ Decision & Reasons Issued

On 31 July 2023 On 2 October 2023

 

 

THE IMMIGRATION ACTS

 

 

Before

 

MR JUSTICE DOVE

 

Between

 

Sajeda Akter Mahiah and others

Appellant

-and-

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Defendant

 

 

AND UPON hearing the sponsor in person and counsel for the defendant.

1.       The appeal is allowed and the matter is remitted to the First-tier Tribunal for re-making with none of the factual findings of the First-tier Tribunal preserved.

 

Reasons:

1.       It has been conceded by the Respondent that the decision of the First-tier Judge contained at least one error of law and that the matter requires re-making. Having reviewed the papers, but without the benefit of full argument, I am of the view that this matter should be redetermined in full without the preservation of any of the findings of fact made by the First-tier Judge.

2.       Whilst ordinarily the appropriate course in a case such as this would be for the case to retained in the Upper Tribunal for redetermination, that was not possible today as the appellant was not represented. It may be some time before the Upper Tribunal could hear the remaking and, in particular as these cases involve children, I am concerned that the remaking should happen as soon as possible. In the circumstances that is far more likely to be achieved in the First-tier Tribunal than the Upper Tribunal. I have therefore remitted the case, and it is to be hoped that the First-tier Tribunal will be able to hear this appeal as soon as possible.

 

Ian Dove

President of the Upper Tribunal Immigration and Asylum Chamber

 

Dated this 31st day of July 2023