EA/05383/2021

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER

Case No: UI-2022-003985
First-tier Tribunal No: EA/05383/2021


THE IMMIGRATION ACTS


Decision & Reasons Issued:
On the 28 March 2023


Before

UPPER TRIBUNAL JUDGE MACLEMAN


Between

TAILAT SOHAIL
(no anonymity order)
Appellant
and

ECO

Respondent

Decided under rule 34 without a hearing on 13 February 2023

DECISION AND REASONS
1. FtT Judge Jepson dismissed the appellant’s appeal by a decision promulgated on 6 June 2022.
2. Paragraphs 3 – 5 of the decision decline to consider additional evidence tendered by the appellant because that came later than the tribunal had directed.
3. On 3 September 2022 FtT Judge Mills granted permission in light of contentions that the appellant and his representatives had not received the directions and in absence of clear evidence of when they were issued.
4. On 3 October 2022 the ECO responded to the grant of permission, conceding that the decision of the FtT should be set aside:
The judge did not consider the terms of The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, in relation of the question of whether the appellant’s alleged failure to comply with directions could be waived.
There would have been no disadvantage to the respondent, had he admitted and considered the appellant’s documents.
5. In light of the above, the decision of the FtT is set aside, for procedural unfairness.
6. The case is remitted to the FtT to be decided afresh by another Judge.


Hugh Macleman
Judge of the Upper Tribunal, Immigration and Asylum Chamber
13 February 2023