PA/06326/2018

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/06326/2018


THE IMMIGRATION ACTS


Heard at Royal Courts of Justice
Decision & Reasons Promulgated
On 5 November 2018
On 18 December 2018



Before

UPPER TRIBUNAL JUDGE GLEESON


Between

N S
(anonymity order made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Ms H Short, Counsel instructed by BHT Immigration Services
For the Respondent: Mr T Lindsey, a Senior Home Office Presenting Officer


DECISION AND REASONS
Anonymity
The First-tier Tribunal made an order pursuant to Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014. I continue that order pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008: unless the Upper Tribunal or a court directs otherwise, no report of these proceedings or any form of publication thereof shall identify the original appellant, whether directly or indirectly. This order applies to, amongst others, all parties. Any failure to comply with this order could give rise to contempt of court proceedings.

1. The appellant appeals with permission against the decision of First-tier Tribunal Judge Behan sitting at Hatton Cross who dismissed his appeal having heard full oral submissions from the respondent and sharply curtailed oral submissions followed by written submissions from the appellant.
2. There is a full note in the Record of Proceedings about the discussion which took place between Counsel and the judge about this method of proceeding.
3. It is patently unfair and improper to allow discursive oral submissions from one party and then curtail the oral submissions due to the lateness of the hour, refusing to reconvene for proper oral submissions to be completed.
4. Unfortunately, there is no alternative but to set this decision aside and order that it be remade in the First-tier Tribunal on a date to be fixed with no findings of fact or credibility preserved.

DECISION
5. For the foregoing reasons, my decision is as follows:
The making of the previous decision involved the making of an error on a point of law.
I set aside the previous decision. The decision in this appeal will be remade in the First-tier Tribunal on a date to be fixed.


Date: 14 December 2018 Signed Judith AJC Gleeson Upper Tribunal Judge Gleeson