EA/03708/2021 & Ors.

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  • Status of case: Unreported
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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: UI-2021-001611; EA/03708/2021
UI-2021-001612; EA/03823/2021
UI-2021-001613; EA/03824/2021


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On the 6 June 2022
On the 18 July 2022



Before

UPPER TRIBUNAL JUDGE blum


Between

HARDEEP BAGRAH
PARAMJIT BAGRAH
VEENA KUMARI
(anonymity direction NOT MADE)
Appellants
and

ENTRY CLEARANCE OFFICER
Respondent


Representation:
For the Appellant: Mr Z Jafferji, counsel, instructed by Adam Bernard Solicitors
For the Respondent: Mr T Lindsay, 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 Parkes, promulgated on 13 October 2021 is erroneous in law. The Judge failed to take into account relevant evidence and failed to make material findings of fact when concluding that the appellants did not rely on their sponsor in order to meet their essential needs.
3. The appeal is remitted the First-tier Tribunal to be determined de novo by a judge other than Judge Parkes.

Notice of Decision
The judge made a material legal error. The appeals are allowed to the extent that they are remitted back to the First-tier Tribunal for a fresh hearing



D.Blum 6 June 2022

Signed Date
Upper Tribunal Judge Blum