IA/22078/2013

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/22078/2013


THE IMMIGRATION ACTS


Heard at Field House
Determination Promulgated
On 12 June 2014
On 17 June 2014




Before

DEPUTY UPPER TRIBUNAL JUDGE MCWILLIAM

Between

mr Ajdan Ali

Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


Representation:

For the Appellant: None
For the Respondent: Mr S Kandola, Home Office Presenting Officer


DECISION AND REASONS


1. The appellant is a citizen of Pakistan and his date of birth is 31 December 1990. He made an application on 27 February 2013 for leave to remain in the UK and the Secretary of State refused the application in a decision of 23 May 2013.

2. The appellant appealed against the decision of the Secretary of State and his appeal was dismissed by Judge of the First-tier Tribunal Brenells in a determination that was promulgated on 26 November 2013. The matter was determined on the papers. The appellant had requested an oral hearing but did not attend and the matter was determined in his absence.

3. The appellant appealed and the grounds seeking permission to appeal raised various issues. Permission was granted by Judge of the First-tier Tribunal Levin in a decision of 14 April 2014 and thus the matter came before me.

4. It is clear that the appellant changed address at some stage during the proceedings and that he notified the Tribunal of this in correspondence. It is asserted by the appellant that he did not receive the notice of the hearing and I note that it was sent to the appellant's original address. In the circumstances I find that there was a material procedural irregularity in that the appellant was not notified of the date of the hearing before the First-tier Tribunal.

5. I remit the matter to the First-tier Tribunal to be heard afresh pursuant to paragraph 7.2(a) of the Practice Statement of the Senior President of Tribunals on 25 September 2012. The matter will be determined de novo at a hearing at Taylor House on 6 October 2014.

6. I make no directions. The appellant submitted a bundle of documents including a witness statement at the hearing before me on 12 June 2014. I observe that the section 47 decision was made after 8 May 2013 and it appears therefore to be a lawful decision




Signed Joanna McWilliam Date 16 June 2014


Deputy Upper Tribunal Judge McWilliam