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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> IA340212015 [2017] UKAITUR IA340212015 (12 September 2017) URL: http://www.bailii.org/uk/cases/UKAITUR/2017/IA340212015.html Cite as: [2017] UKAITUR IA340212015 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/34021/2015
THE IMMIGRATION ACTS
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Heard at Birmingham |
Decision & Reasons Promulgated |
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On 6 th September 2017 |
On 12 th September 2017 |
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Before
UPPER TRIBUNAL JUDGE COKER
Between
ROBIN SINGH
Appellant
And
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellant: Mr R Martin, instructed by Asher and Tomar solicitors
For the Respondent: Mr A McVeety, Senior Home Office Presenting Officer
DECISION AND REASONS
1. The appellant, an Indian national, sought and was granted permission to appeal against a decision of the First-tier Tribunal promulgated on 12 th December 2016 which dismissed his human rights claim appeal.
2. The decision by the First-tier Tribunal judge First-tier Tribunal failed to apply the law correctly, imported incorrect tests of the evidence in reaching his conclusions, reached some findings that were not supported by evidence and failed to make findings on other elements of the evidence. Both parties were agreed the decision could not stand.
3. I am satisfied the decision of the First-tier Tribunal is infected with significant material errors of law and I set it aside to be remade in full with no findings preserved.
4. The effect of the First-tier Tribunal decision is that there has been no effective hearing of the substance of the appeal and no sustainable findings of any kind. The scheme of the Tribunals Court and Enforcement Act 2007 does not assign the function of primary fact finding to the Upper Tribunal.
5. When I have set aside a decision of the First-tier Tribunal, s.12(2) of the TCEA 2007 requires me to remit the case to the First-tier with directions or remake it for ourselves. Where there has been no substantive hearing before the First tier and the facts are disputed or unclear I conclude that the decision should be remitted to a First-tier Tribunal judge to determine the appeal.
Conclusions:
The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.
I set aside the decision and remit the appeal to the First-tier Tribunal for re-hearing.
Date 6 th September 2017
Upper Tribunal Judge Coker
