United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/00911/2014

IA/00918/2014

IA/00938/2014

IA/00934/2014

IA/00930/2014

IA/00927/2014

 

 

THE IMMIGRATION ACTS

 

 

Heard at North Shields	Determination Promulgated
on 12th December 2014	On 15th December 2014

 

 

Before

 

UPPER TRIBUNAL JUDGE HANSON

 

 

Between

 

AMAM

HGM

MAMM

HAMM

AAMM

EM

Appellants

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation:

For the Appellant: No appearance.

For the Respondent: Ms Petersen Senior Home Office Presenting Officer.

 

 

DETERMINATION AND REASONS

 

1.                  On the 14^th July 2014 the determination of First-tier Tribunal Judge Duff was set aside for the reasons given in the error of law finding document of the 15^th July 2014. Directions were given thereafter for the matter to be listed for a case management hearing in light of the pending country guidance case relating to Libya.

 

2.                  In the interim the first appellant made a formal claim for asylum. The interview took place on the 1^st September 2014. When the matter next returned to the Upper Tribunal, on the 8^th September 2014, the respondent’s decision letter had not been served. The case was therefore adjourned for a further hearing.

 

3.                  At the subsequent hearing it transpired that the appellants’ application had been refused, he has been relocated to Cardiff, and he has lodged an appeal against the refusal which is listed to be heard by the First-tier Tribunal sitting at Newport in early January 2015. The new solicitors in Cardiff are not on record as acting in this matter.

 

4.                  The appeal was adjourned for clarification of the appellants’ position in relation to this matter. On 10^th October 2014 the case was called on but with no attendance on behalf of the appellants’. Directions were given for Hallidayreeves to confirm the appellants’ current address in Cardiff and for clarification to be given in relation to whether the appeal is to be withdrawn. The directions contain the following wording:

 

“In the absence of any response it shall be assumed the appellants’ no longer wish to proceed with the Upper Tribunal cases and the matter shall be disposed of accordingly on the 12^th December 2014 by Upper Tribunal Judge Hanson.”

 

5.                  There was no attendance on behalf of the appellants’ today. Hallidayreeves confirmed in a fax dated 21^st October 2014 that they had forwarded the directions to Duncan Lewis in Cardiff. I am satisfied both representatives are aware of the hearing and directions made. In light of the specific wording of the direction, the lack of attendance, the lack of explanation for the lack of a response, and the overriding interests, the decision of this tribunal in the absence of any indication that the appellants’ wish to continue with the litigation and lack of evidence to establish the claim is that the appeals are dismissed.

 

Decision

 

6.                  The First-tier Tribunal Judge has been found to have materially erred in law and his decision set aside. I remake the decision as follows. This appeal is dismissed.

 

Anonymity.

 

7.                  The First-tier Tribunal made an order pursuant to rule 45(4)(i) of the Asylum and Immigration Tribunal (Procedure) Rules 2005. I continue that order pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008.

 

 

 

Signed……………………………………………….

Upper Tribunal Judge Hanson

 

Dated the 12^th December 2014