OA/08408/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: OA/08408/2015


THE IMMIGRATION ACTS


Heard at Glasgow
Decision & Reasons Promulgated
on 15 September 2016
on 16 September 2016



Before

UPPER TRIBUNAL JUDGE MACLEMAN


Between

O D T SCARLETT
(anonymity direction NOT MADE)
Appellant
and

ENTRY CLEARANCE OFFICER
Respondent


For the Appellant: no representative; sponsor present
For the Respondent: Mr A Mullen, Senior Home Office Presenting Officer


DETERMINATION AND REASONS
1. The appellant appeals against a determination by First-tier Tribunal Judge Shanahan, dismissing his appeal against refusal of entry clearance as a child seeking to join his mother.
2. No anonymity direction has been requested or made.
3. The grounds of appeal to the UT are that there may have been inadvertent procedural unfairness, amounting constructively to error of law. Documents submitted on behalf of the appellant to the FtT had not been linked to or had gone missing from the file and were not before the judge when reaching his decision.
4. Mr Mullen advised me that the respondent accepts that there has been a constructive error of law - not through any fault of the appellant, the respondent, or the judge, but through a simple administrative mishap.
5. That concession was fairly and correctly made.
6. The sponsor is the appellant's mother, Angela Nugent. She said that new representatives are to be instructed on behalf of the appellant. I told her that should be undertaken urgently, without waiting to be notified of the next hearing date.
7. The decision of the First-tier Tribunal is set aside. None of its findings are to stand. 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 First-tier Tribunal for an entirely fresh hearing.
8. The member(s) of the FtT chosen to consider the case are not to include Judge Shanahan.
9. The appellant is to file with the FtT and copy to the respondent not less than 14 days prior to the next hearing in the FtT a single inventory containing all documents on which he is to rely, presented in clear order, indexed and paginated.




15 September 2016
Upper Tribunal Judge Macleman