IA/09444/2014

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The decision


IAC-FH-NL-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/09444/2014


THE IMMIGRATION ACTS


Heard at Bradford
Decision & Reasons Promulgated
On 21 October 2014
On 20 November 2014



Before

judge of the first tier tribunal rimington


Between

mrs shazia kousar
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr A Khan, Solicitor of Ali & Co Solicitors
For the Respondent: Mr M Diwnycz, Home Office Presenting Officer


DECISION AND REASONS
1. The appellant appealed against the decision to refuse her leave to remain on the basis of family life in the UK and to remove her by way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006. Her appeal was considered and dismissed on the papers by Judge C Grimshaw on 30th May 2014.
2. Permission to appeal was granted by First-tier Tribunal Judge Hollingworth in the following terms
"in the light of the chronology and evidence of the letter provided by Messrs Ali & Co Solicitors dated 9th April 2014 it is clear that an oral hearing of this matter should have been listed. Difficulty has plainly arisen. The determination is vitiated by the procedural background to which I refer. No criticism can be made of the Judge".
3. It was clear at the hearing before me that a letter dated 9th April 2014 from Ali & Co Solicitors requesting an oral hearing had been received by the Tribunal and a copy to that effect was produced at the hearing. It is unfortunate that this letter was dated 1st July 2014.
4. As such I found that Judge Grimshaw proceeded through no fault of her own in error and the matter should be re-listed before the First-tier Tribunal.
5. Mr Diwnycz, sensibly in my view, did not resist this. I set aside the determination of Judge Grimshaw in its entirety and the matter should be remitted to the First-tier Tribunal further to Practice Statement 7.2.

Directions
(1) The matter is listed for one hour and the interpreter should be Mirpuri.



Signed Date 11th November 2014

Judge Rimington
Judge of the First-tier Tribunal