HU/22925/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: HU/22925/2016

THE IMMIGRATION ACTS

No hearing
Decision sent out on
24th September 2018
10th October 2018


Before

MR C M G OCKELTON, VICE PRESIDENT

Between

SARADO ELMI SHARIF
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

DECISION AND REMITTAL
1. In this case permission was granted partly on the basis that Judge Fox in the First-tier Tribunal said that there were "no new documents before me" whereas the appellant's representative, a solicitor, had produced a 223-page bundle at the hearing, with a considerable number of important post-decision documents.
2. Following the grant of permission, Stefan Kotas on behalf of the Secretary of State has indicated his view that if that is so the failure to have regard to it was "arguably procedurally unfair, albeit through no fault of the judge". I agree with the first element of that opinion, but not with the second.
3. Mr Kotas invites the Upper Tribunal to consider whether it is satisfied that the material was before Judge Fox and, if so, to remit the appeal. I am so satisfied. I set aside Judge Fox's decision for error of law. I remit the appeal for fresh determination by the First-tier Tribunal.

C. M. G. OCKELTON
VICE PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Date: 24 September 2018.