EA/02864/2021

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/02864/2021
UI-2022-000500


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On the 30 August 2022
On the 05 October 2022



Before

UPPER TRIBUNAL JUDGE PLIMMER
DEPUTY UPPER TRIBUNAL JUDGE FROOM


Between

MUHAMMAD IKRAM
Appellant
and

ENTRY CLEARANCE OFFICER
Respondent


Representation:
Appellant: None
Respondent: Ms Ahmed, Senior Home Office Presenting Officer


DECISION AND REASONS
At the beginning of the hearing Ms Ahmed conceded that the appellant’s appeal against the decision of the First-tier Tribunal (‘FTT’) dated 4 October 2021 should be allowed on the basis that in attaching limited weight to the witness statements prepared by the appellant and the sponsor, the FTT committed a material error of law. Ms Ahmed was entirely correct to make that concession for the reasons she outlined, and we accept it. It follows that we set aside the FTT’s decision. As Ms Ahmed observed, the findings of fact are infected by the error of law identified and entirely fresh findings are required in relation to the issue of the appellant’s dependency upon the sponsor.
We have had regard to para 7.2 of the relevant Senior President’s Practice Statement. The nature and extent of the factual findings to be made are such that this is an appropriate case to be remitted to the FTT.

Decision
The decision of the FTT involved the making of a material error of law. Its decision cannot stand and is set aside. It shall be re-made in the FTT by a judge other than Judge Andrew.


Signed:
Ms M. Plimmer
Judge of the Upper Tribunal

Date:
30 August 2022