IA/39548/2013

• Status of case: Unreported
• Hearing date: 22 Dec 2016
• Promulgation date: 25 Jan 2017
• Publication date: 23 Aug 2021
• Last updated on: 23 Aug 2021

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/39548/2013


THE IMMIGRATION ACTS


Heard at Liverpool
Decision & Reasons Promulgated
On 22 December 2016
On 25 January 2017




Before

UPPER TRIBUNAL JUDGE CLIVE LANE

Between

abida kausar dar
(ANONYMITY DIRECTION not made)
Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


Representation:

For the Appellant: Mr Jagadesham, instructed by Silverdale Solicitors
For the Respondent: Mr Harrison, a Senior Home Office Presenting Officer


DECISION AND REASONS

1. The appellant, Abida Kausar Dar, is a female citizen of Pakistan was born on 28 November 1967. By a decision dated 26 September 2013, an application for further leave to remain outside the Rules on human rights grounds had been refused by the respondent. She had appealed to the First-tier Tribunal (Judge Bruce), which had dismissed her appeal. A subsequent appeal to the Upper Tribunal (Deputy Upper Tribunal Judge Lever) had been dismissed in a determination promulgated on 13 November 2014. Thereafter, the appellant had applied for permission to appeal to the Court of Appeal which had been granted following an oral hearing by Floyd LJ on 25 February 2016. By consent order dated 27 September 2016, the Court of Appeal had ordered that the appeal be allowed and that the decision of Judge Lever be quashed and the matter remitted to the Upper Tribunal for re-determination.
2. It is apparent from the statement of reasons submitted to the Court of Appeal with the consent order that both parties accept that the decision of Judge Bruce was flawed by legal error. In particular, the respondent had agreed that, "the First-tier Tribunal Judge made a material error of law and her approach to the evidence by relying on issues which had not previously been raised which were never put to the appellant or her witnesses for them to address ..." In the light of that statement of the position of the Secretary of State, this Tribunal has no option but to set aside the decision of Judge Bruce and to remit the appeal to the First-tier Tribunal for that Tribunal to re-make the decision.
3. The Upper Tribunal will not make formal directions for the new hearing in the First-tier Tribunal but I do observe that the last hearing was lengthy (taking the greater part of one whole day); there will need to be an Urdu interpreter and there may also the requirement of an interpreter in British Sign Language (BSL). Those are all matters which may be addressed at a Case Management Review (CMR) which it would be appropriate for the First-tier Tribunal to arrange before the matter is re-listed for substantive hearing.
Notice of Decision

The decision of First-tier Tribunal promulgated on 25 March 2014 is set aside. None of the findings of fact shall stand. The appeal is remitted to the First-tier Tribunal (not Judge Bruce; Judge Lever) for that Tribunal to re-make the decision.

No anonymity direction is made.






Signed Date 20 January 2017


Upper Tribunal Judge Clive Lane