Tribunal decisions

The decision

IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER

Case No: UI-2022-001873
First-tier Tribunal No: EA/07629/2021

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On the 28 March 2023

Before

UPPER TRIBUNAL JUDGE MACLEMAN

Between

KINGSFORD GANYO
Appellant
and

SSHD
Respondent

Decided under rule 34 without a hearing on 14 February 2023

DECISION AND REASONS
1. The appellant, a citizen of Ghana, appealed to the FtT against refusal of his application under the EU Settlement Scheme.
2. FtT Judge G R Williams dismissed his appeal by a decision “on the papers”, promulgated on 31 January 2022, because the appellant had not responded to directions and had provided nothing to support his case.
3. On 20 April 2022, FtT Judge Adio granted permission on the view that representatives had “gone on record” prior to disposal of the case; there was no evidence of service of any notification of the hearing; and there had arguably been procedural irregularity, although “without any fault on the part of the judge”.
4. On 18 May 2022, the respondent filed a response to the grant of permission, in light of which it is appropriate for the UT to decide, without a hearing, on setting aside and further procedure.
5. On all the information before the UT, it is more likely than not that there was a procedural irregularity such that the appellant did not have the opportunity he should have had to make his case to the FtT. Its decision is set aside and stands only as a record of what was before the tribunal. The case is remitted for a fresh hearing, not before Judge Williams.
6. Any deficiency of evidence when the case is next listed for decision in the FtT is likely to be taken as the responsibility of the appellant.
7. No anonymity order has been requested or made.

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