Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number PA/50869/2020
[UI-2021-001327] (IA/01288/2020)

THE IMMIGRATION ACTS

Heard at George House, Edinburgh
Decision & Reasons Promulgated
On the 11 May 2022
On the 11 July 2022

Before

UT JUDGE MACLEMAN

Between

HAZA ARIF STAR

Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

For the Appellant: Mr K Forrest, Advocate, instructed by McGlashan MacKay, Solicitors
For the Respondent: Mr A Mullen, Senior Home Office Presenting Officer

DETERMINATION AND REASONS
1. FtT Judge Gillespie dismissed the appellant’s appeal by a decision dated 2 August 2021.
2. The appellant applied for permission to appeal to the IUT on grounds headed as (i) misunderstanding the position on the appellant’s ability to work if she were an asylum seeker; (ii) failing to consider the appeal on private life grounds; and (iii) inadequacy of reasoning.
3. FtT Judge Mills granted permission on 6 December 2021, principally on ground (ii), but without restriction.
4. Mr Mullen conceded, fairly and correctly, that ground (ii) disclosed material error, consideration of part 5A of the 2002 Act, section 117B in particular, being absent from the decision.
5. Mr Forrest observed that the error arose by treating the appeal, which was on human rights grounds only, as if it had been a protection case.
6. Representatives agreed on the outcome, as follows.
7. Under section 12 of the 2007 Act, and under Practice Statement 7.2, the decision of the FtT is set aside. It stands only as a record of what was said. The case is remitted to the FtT for a fresh hearing, not before Judge Gillespie.
8. No anonymity direction has been requested or made.

H Macleman

11 May 2022
UT Judge Macleman

NOTIFICATION OF APPEAL RIGHTS

1. A person seeking permission to appeal against this decision must make a written application to the Upper Tribunal. Any such application must be received by the Upper Tribunal within the appropriate period after this decision was sent to the person making the application. The appropriate period varies, as follows, according to the location of the individual and the way in which the Upper Tribunal’s decision was sent:

2. Where the person who appealed to the First-tier Tribunal is in the United Kingdom at the time that the application for permission to appeal is made, and is not in detention under the Immigration Acts, the appropriate period is 12 working days (10 working days, if the notice of decision is sent electronically).

3. Where the person making the application is in detention under the Immigration Acts, the appropriate period is 7 working days (5 working days, if the notice of decision is sent electronically).

4. Where the person who appealed to the First-tier Tribunal is outside the United Kingdom at the time that the application for permission to appeal is made, the appropriate period is 38 days (10 working days, if the notice of decision is sent electronically).

5. A “working day” means any day except a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday.

6. The date when the decision is “sent’ is that appearing on the covering letter or covering email.