Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: HU/16667/2016

THE IMMIGRATION ACTS

Heard at Stoke
Decision & Reasons Promulgated
on 21 April 2017
on 24 April 2017

Before

UPPER TRIBUNAL JUDGE HANSON

Between

REFHAT BASEER
(anonymity direction not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr Yusuf of Kingswood Solicitors
For the Respondent: Mr C Bates Senior Home Office Presenting Officer.

DECISION AND REASONS

1. This is an appeal against a decision of First-tier Tribunal Judge Alis (‘the Judge’) promulgated on 22 August 2016 following consideration of the matter as a Duty Judge on the papers at Arnhem House, Leicester on 17 August 2016.
2. The appellant, a citizen of Pakistan, was served with a decision to make a deportation order in accordance with section 5 (1) of the Immigration Act 1971. The respondent refused the appellant’s protection and human rights claims against which the appellant submitted an appeal on 12 July 2016. The Judge noted that no grounds of appeal were included with the notice of appeal and that on 1 August 2016 the appellant was sent a notice by the Tribunal Administration requesting such grounds no later than 8 August 2016. The Judge notes that the appellant failed to provide the grounds by that date and that, accordingly, the Judge was entitled to determine the appeal without a hearing. The Judge accepted the respondent gave coherent reasons for refusing the application and as no counter argument had been provided to show the conclusions in the refusal letter were incorrect, the Judge dismissed the appeal.
3. Permission to appeal was sought on the basis that grounds had been provided.
4. Before the Upper Tribunal, Mr Yusuf referred to a letter of 5 August 2016 sent by Kingswood Solicitors to the First-tier Tribunal based at Leicester which had attached to it, as item number 4, the grounds of appeal. There is within the Upper Tribunal file a copy of this letter with the documents exhibited thereto including the grounds.
5. Mr Yusuf confirmed that those grounds had been sent via Royal Mail in accordance with the Notice and in accordance with the need to provide pleaded grounds.
6. There was nothing before the Upper Tribunal to cast any doubt upon the assertion that the grounds had been provided under cover of the letter dated 5 August 2016. Accordingly, it appears that a procedural error has occurred sufficient to amount to a material error of law in that the requested grounds were provided but had not been brought to the attention of the Judge when he considered the appeal on the papers.
7. I find, accordingly, that through no fault of the Judge the appellant has made out his case and accordingly the determination is set aside.
8. As the has been no consideration of the merits of the appeal on the basis of the pleaded grounds by the First-tier Tribunal, it is appropriate in all the circumstances for this matter to be remitted to that Tribunal for a proper determination of the merits of the case.
Decision
9. The First-tier Tribunal Judge materially erred in law. I set aside the decision of the original Judge. I remit the appeal to the First-tier Tribunal hearing centre at Nottingham/Stoke.
Anonymity.
10. The First-tier Tribunal did not make an order pursuant to rule 45(4)(i) of the Asylum and Immigration Tribunal (Procedure) Rules 2005.
I make no such order pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008).

Signed……………………………………………….
Upper Tribunal Judge Hanson

Dated the 21 April 2017