IA/18859/2015

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The decision


IAC-AH-SAR-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/18859/2015


THE IMMIGRATION ACTS


Heard at Bradford
Decision & Reasons Promulgated
On 14 February 2017
On 14 March 2017



Before

UPPER TRIBUNAL JUDGE CLIVE LANE


Between

SAIF ULLAH
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REASONS
1. The appellant, Saif Ullah, was born on 1 April 1972 and is a citizen of Pakistan. He appealed to the First-tier Tribunal (Judge Myers) against a decision of the respondent dated 16 March 2015 to refuse to issue him a registration certificate as confirmation of his right of residence as the spouse of an EEA national. The First-tier Tribunal dismissed his appeal in a decision promulgated on 10 December 2015. The appellant now appeals, with permission, to the Upper Tribunal.
2. The judge was aware that the appellant had returned to Pakistan [5] but he wished to continue with his appeal, and also that the sponsor (still resident in the United Kingdom) would attend the hearing. However, the sponsor failed to attend and the judge proceeded in her absence. It appears from a letter now sent to the Tribunal by M J Immigration and which is dated 3 October 2016 that, through no fault of the appellant and sponsor, the notice of hearing sent out by the First-tier Tribunal did not reach the sponsor. The sponsor’s change of address had apparently been notified to M J Immigration on 6 September 2015 but a member of that firm to whom the sponsor had spoken had failed to pass on the information regarding the change of address to a senior member of staff. It was only in May 2016 that the sponsor attended M J Immigration’s offices to ask when a First-tier Tribunal hearing was likely to occur. The error then came to light.
3. In the circumstances, given that I accept what is said in the letter of M J Immigration dated 3 October 2016 (and which is not challenged by the respondent), the decision of Judge Myers is set aside. The matter will be remitted to the First-tier Tribunal (not Judge Myers) for that Tribunal to re-make the decision.

Notice of Decision
4. The decision of the First-tier Tribunal promulgated 10 December 2015 is set aside. None of the findings of fact shall stand. The appeal is returned to the First-tier Tribunal (not Judge Myers) for that Tribunal to re-make the decision.
5. No anonymity direction is made.



Signed Date 13 March 2017

Upper Tribunal Judge Clive Lane