UI-2024-003212

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2024-003212
First-tier Tribunal No: HU/01466/2023



THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 4th of March 2025


Before

UPPER TRIBUNAL JUDGE LANE


Between

MIRRIAM RUTH MATSUKA
(NO ANONYMITY ORDER MADE)
Appellant
and

Secretary of State for the Home Department
Respondent

Representation:

For the Appellant: Mr Semega-Janeh
For the Respondent: Ms Arif, Senior Presenting Officer

Heard at Birmingham Civil Justice Centre on 11 November 2024


DECISION AND REASONS

1. The appellant is a female citizen of Malawi born on 20 June 1982. She appealed to the First-tier Tribunal against a decision of the Secretary of State dated 14 July 2023 refusing her human rights claim on the basis of her family life with Richard Scott Stubbs, a British citizen. The First-tier Tribunal in a decision promulgated on 17 May 2024, dismissed the appeal.

2. This appeal turns on the matter of the filing of various documents by the parties at the First-tier Tribunal and whether these documents were before the judge who determined the appeal on the papers and/or whether the judge was aware of the existence of documents but chose to proceed without having sight of them.

3. I have read the grounds carefully together with the Rule 24 and 25 responses. I have considered the oral submissions of Ms Arif, for the Secretary of State, and Mr Semega-Janeh, for the appellant. I find that the decision of the judge is vitiated because he did not have regard to documents relevant to the appeal which had been filed at the Tribunal in accordance with the rules or chose to proceed in the absence of such documents. In either case, I find that the decision of the First-tier Tribunal should be set aside. The decision will be remade in the First-tier Tribunal at Manchester. The appellant shall file and serve a comprehensive bundle of documents no later than 10 days before the First-tier Tribunal hearing.
Notice of Decision

The decision of the First-tier Tribunal promulgated on 17 May 2024 is set aside. None of the findings of fact shall stand. The appeal shall be returned to the First-tier Tribunal for that Tribunal to remake the decision following a hearing de novo at Manchester on the first available date.

Listing Directions

1. Remit to Manchester Hearing Centre
2. Not before Judge Thorne
3. 2 hours.
4. First available date
5. No interpreter

C. N. Lane

Judge of the Upper Tribunal
Immigration and Asylum Chamber

Dated: 12 February 2025