UI-2024-000798

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2024-000798
FTT No: EA/01915/2023

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 9 September 2024


Before

UPPER TRIBUNAL JUDGE LANE


Between

SHABBIR AHMAD
(NO ANONYMITY ORDER MADE)
Appellant
and

Secretary of State for the Home Department
Respondent

Representation:

For the Appellant: Mr Ahmed
For the Respondent: Ms Simbi, Senior Presenting Officer

Heard at Birmingham Civil Justice Centre on 20 August 2024


DECISION AND REASONS

1. The appellant is a male citizen of Pakistan, who was born on 3 January 1977. He appealed to the First-tier Tribunal against a decision of the Secretary of State refusing him a family permit under Appendix EU. The First-tier Tribunal dismissed his appeal. He now appeals to the Upper Tribunal.

2. At the initial hearing at Birmingham on 20 August 2024, Ms Simbi, Senior Presenting Officer for the Secretary of State, told me that the Secretary of State considered that the First-tier Tribunal had erred in law such that its decision fell to be set aside. The judge had wholly failed to assess an expert report adduced in evidence by the appellant which dealt with the matter of his marriage in Pakistan.

3. I note that the judge refers to the report but failed to state whether he attached any weight to it. As regards the materially of any error, I note and agree with the comments [4] of Judge Cartin who granted permission to appeal. In the circumstances, I find that the First-tier Tribunal’s decision should be set aside. There will need to be a hearing of the appeal de novo which is better conducted in the First-tier Tribunal.

Notice of Decision

The decision of the First-tier Tribunal is set aside. None of the findings of fact shall stand. The appeal is returned to the First-tier Tribunal for that Tribunal to remake the decision following a hearing de novo.


C. N. Lane

Judge of the Upper Tribunal
Immigration and Asylum Chamber


Dated: 20 August 2024