IA/26421/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/26421/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 8th December 2017
On 19th January 2018


Before

DEPUTY UPPER TRIBUNAL JUDGE ZUCKER


Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

ms FANDEEP BADHAN
(ANONYMITY DIRECTION not made)
Respondent


Representation:
For the Appellant: Ms J Isherwood, Senior Home Office Presenting Officer
For the Respondent: Mr S Bellara (Counsel) instructed by Louis Kennedy Solicitors


DECISION AND REASONS
1. The Respondent is a citizen of India whose date of birth is recorded as 18th November 1987. On or about 27th July 2015 application was made on her behalf for leave to remain in the United Kingdom on the basis of her private life. A decision was made to refuse the application and the Respondent appealed. The appeal was heard by Judge of the First-tier Tribunal Dr Majid sitting at Taylor House on 14th June 2017. He allowed the appeal.
2. Not content with that the decision, by Notice dated 11th August 2017 the Secretary of State made application for permission to appeal to the Upper Tribunal. In summary, the grounds submit that the judge took into account irrelevant matters. I would go further having read the decision and indeed noted on the front of the file that the decision of the judge was rambling and incomprehensible. It is unfortunate that the Respondent has been put through this and will, I find, need to go through the matter again.
3. Mr Bellara quite properly told me that he was under instructions to protect the decision although he was in some difficulties in advancing the Respondent's case. He was realistic.
4. I have no hesitation whatsoever in saying that this decision simply cannot stand. It is so fundamentally flawed that it would be a waste of the Tribunal's time for me to go through in detail what the flaws are. In many ways, they are replications if there is such a word of those matters already identified by the panel who heard a sample of this judge's cases in June 2017 (AA/06906/2014 & Ors).
5. The decision is set aside. The matter will be remitted to the First-tier Tribunal to be heard afresh by a judge other than Dr Majid.

Notice of Decision

The appeal to the Upper Tribunal is allowed.

No anonymity direction is made.


Signed Date: 17 January 2018










Deputy Upper Tribunal Judge Zucker