PA/06532/2017

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/06532/2017


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 7 December 2017
On 19 January 2018




Before

THE HONOURABLE LADY RAE
SITTING AS AN UPPER TRIBUNAL JUDGE
UPPER TRIBUNAL JUDGE LANE


Between

shannae rattary
(ANONYMITY DIRECTION not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr Noor, instructed by Visa and Immigration Ltd
For the Respondent: Miss Everett, Senior Home Office Presenting Officer


DECISION AND REASONS
1. The appellant, Shannae Rattary, was born on 22 January 1997 and is a female citizen of Jamaica. By a decision dated 5 July 2017, the Secretary of State refused the appellant's application for asylum. The appellant appealed to the First-tier Tribunal (Judge Beg) which, in a decision promulgated on 4 August 2017, dismissed the appeal. The appellant now appeals, with permission, to the Upper Tribunal.
2. We find that the First-tier Tribunal decision should be set aside. Miss Everett, who appeared for the Secretary of State, accepted that the appellant had not received notice of the First-tier Tribunal hearing. The notice of that hearing was sent to the Yarl's Wood Detention Centre on 10 July 2017, the same day upon which the appellant was released from detention on bail. The appellant states that that the notice of hearing was never forwarded to her from the Detention Centre and we have no reason to disbelieve that statement. Because she did not receive the notice of hearing, the appellant did not attend to give evidence at her appeal. As a consequence, the appellant has been denied a fair hearing of her appeal. We therefore set aside the First-tier Tribunal decision. There will need to be a fresh hearing before the First-tier Tribunal on a date to be fixed.
Notice of Decision
3. The decision of the First-tier Tribunal which was promulgated on 4 August 2017 is set aside. None of the findings of fact shall stand. The appeal is returned to the First-tier Tribunal (not Judge Beg) for that Tribunal to remake the decision.






Signed Date 3 January 2018


Upper Tribunal Judge Lane