Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: AA/007258/2015

THE IMMIGRATION ACTS

Heard at Manchester
Decision & Reasons Promulgated
On March 16, 2017
On March 20, 2017

Before

DEPUTY UPPER TRIBUNAL JUDGE ALIS

Between

MRS T M
(ANONYMITY DIRECTION MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
Appellant Ms Faryl, Counsel, instructed by IAS
Respondent Mr Bates (Senior Home Office Presenting Officer)

DECISION AND REASONS
1. I make an anonymity order under rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698 as amended).
2. On January 25, 2017 I decided there was an error in law. On that occasion I indicated that I required the respondent to obtain evidence about the FIR numbered 16/12 dated 21/11/2012. Although the respondent failed to do this within the time frame specified and whilst noting Ms Faryl’s objection to the evidence now being adduced I am satisfied that it would not be in the interest of justice or fairness to exclude that evidence.
3. I had previously indicated that if evidence of a false FIR was confirmed by the respondent I would remit this case to be heard afresh with nothing preserved in the First tier Tribunal before a Judge other than Judge of the First-tier Tribunal Morris.
4. The issue of how much weight should be attached to the new evidence will be a matter for the FTT.
5. In light of Part 3, Section 7.1 to 7.3 of the Practice Statement I direct the matter should be remitted to the First-tier Tribunal.
6. I direct that any additional evidence should be served on both the Tribunal and other party in accordance with the current Procedural Rules.

DECISION
7. The appeal is remitted back to the First-tier Tribunal for a de novo hearing.
8. The matter should not be listed before Judge of the First-tier Tribunal Morris. Ideally,
9. A Punjabi interpreter will be required.

Signed: Dated:

Deputy Upper Tribunal Judge Alis