Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/02807/2015

THE IMMIGRATION ACTS

Dealt with on the papers at Field House
Decision and Reasons Promulgated
On 14th August 2015
On 18th August 2015

Before

upper tribunal judge MARTIN

Between

MRS NUSRAT YEASMIN
ANONYMITY DIRECTION NOT MADE
Appellant

and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

DETERMINATION AND REASONS
1. This is an appeal to the Upper Tribunal, with permission, by the Appellant with regard to a decision of the First-tier Tribunal (Judge E M M Smith) promulgated on 24th March 2015 by which it dismissed her appeal against the Secretary of State's decision to refuse to vary her leave to remain as a Tier 4 (General) Student Migrant and/or on Article 8 grounds.
2. The appeal was dealt with on the papers at the Appellant's request. She had paid the fee appropriate for a paper hearing.
3. The Judge indicated that no further evidence had been received from the Appellant. However the file contains a bundle of documents provided to the Tribunal by the Appellant which was marked as having been received by the Tribunal on 19th March; before the appeal was determined.
4. It seems that the documents, although received by the Tribunal, had not reached the file due to administrative error. That being the case the administrative error amounts to a legal error as the Appellant did not have a fair consideration of her appeal.
5. With the consent of the parties I set aside the decision of the First-tier Tribunal and remit it to the First-tier Tribunal to be decided on the papers by any Judge other than E M M Smith.
6. The appeal to the Upper Tribunal is allowed as set out above.

Signed Date 14th August 2015

Upper Tribunal Judge Martin

Direction regarding anonymity
There is no application for nor necessity for an anonymity direction and I do not make one.

Signed Date 14th August 2015

Upper Tribunal Judge Martin