Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: OA/07172/2015

THE IMMIGRATION ACTS

Heard at Glasgow
Decision & Reasons Promulgated
On 1 March 2017
On 2 March 2017

Before

UPPER TRIBUNAL JUDGE MACLEMAN

Between

A H E ABBAS
Appellant
and

ENTRY CLEARANCE OFFICER
Respondent

For the Appellant: Mr S F Winter, Advocate, instructed by Katani & Co, Solicitors
For the Respondent: Mrs M O’Brien, Senior Home Office Presenting Officer

DETERMINATION AND REASONS
1. The appellant appeals against a determination by First-tier Tribunal Judge Mozolowski, dismissing her appeal against refusal of entry clearance to join her husband in the UK.
2. The respondent conceded that the judge erred in law by finding the second marriage certificate invalid, when that issue had not been raised by the respondent and the appellant had not been put on notice to deal with it, as fairness required.
3. The decision of the FtT is set aside. None of its findings are to stand, other than as a record of what was said on that occasion. The nature of the case is such that it is appropriate in terms of section 12(2)(b)(i) of the 2007 Act and of Practice Statement 7.2 to remit the case to the FtT for an entirely fresh hearing.
4. The respondent proposes to carry out some enquiries and may tender further evidence.
5. The case should not be listed in the FtT until at least 8 weeks from this date.
6. The respondent is to copy to the appellant and file with the FtT any further evidence to be relied upon as soon as that becomes available.
7. While further procedure is a matter for the FtT, parties agreed that it would be convenient for the next hearing to be a “case management review”, at which they will be expected to clarify their positions on any new issues and to state when they will be ready for a full hearing.
8. The member(s) of the FtT chosen to consider the case are not to include Judge Mozolowski.
9. No anonymity direction has been requested or made.

1 March 2017
Upper Tribunal Judge Macleman