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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> UI2024000798 [2024] UKAITUR UI2024000798 (9 September 2024) URL: http://www.bailii.org/uk/cases/UKAITUR/2024/UI2024000798.html Cite as: [2024] UKAITUR UI2024000798 |
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IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER |
Case No: UI-2024-000798 FTT No: EA/01915/2023 |
THE IMMIGRATION ACTS
Decision & Reasons Issued:
On 9 September 2024
Before
UPPER TRIBUNAL JUDGE LANE
Between
SHABBIR AHMAD
(NO ANONYMITY ORDER MADE)
Appellant
and
Secretary of State for the Home Department
Respondent
Representation:
For the Appellant: Mr Ahmed
For the Respondent: Ms Simbi, Senior Presenting Officer
Heard at Birmingham Civil Justice Centre on 20 August 2024
DECISION AND REASONS
1. The appellant is a male citizen of Pakistan, who was born on 3 January 1977. He appealed to the First-tier Tribunal against a decision of the Secretary of State refusing him a family permit under Appendix EU. The First-tier Tribunal dismissed his appeal. He now appeals to the Upper Tribunal.
2. At the initial hearing at Birmingham on 20 August 2024, Ms Simbi, Senior Presenting Officer for the Secretary of State, told me that the Secretary of State considered that the First-tier Tribunal had erred in law such that its decision fell to be set aside. The judge had wholly failed to assess an expert report adduced in evidence by the appellant which dealt with the matter of his marriage in Pakistan.
3. I note that the judge refers to the report but failed to state whether he attached any weight to it. As regards the materially of any error, I note and agree with the comments [4] of Judge Cartin who granted permission to appeal. In the circumstances, I find that the First-tier Tribunal's decision should be set aside. There will need to be a hearing of the appeal de novo which is better conducted in the First-tier Tribunal.
Notice of Decision
The decision of the First-tier Tribunal is set aside. None of the findings of fact shall stand. The appeal is returned to the First-tier Tribunal for that Tribunal to remake the decision following a hearing de novo.
C. N. Lane
Judge of the Upper Tribunal
Immigration and Asylum Chamber
Dated: 20 August 2024
