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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 >> HU229252016 [2018] UKAITUR HU229252016 (10 October 2018) URL: http://www.bailii.org/uk/cases/UKAITUR/2018/HU229252016.html Cite as: [2018] UKAITUR HU229252016 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: HU /22925/2016
THE IMMIGRATION ACTS
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No hearing |
Decision sent out on |
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24 th September 2018 |
10 th October 2018 |
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Before
MR C M G OCKELTON, VICE PRESIDENT
Between
SARADO ELMI SHARIF
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
DECISION AND REMITTAL
1. In this case permission was granted partly on the basis that Judge Fox in the First-tier Tribunal said that there were "no new documents before me" whereas the appellant's representative, a solicitor, had produced a 223-page bundle at the hearing, with a considerable number of important post-decision documents.
2. Following the grant of permission, Stefan Kotas on behalf of the Secretary of State has indicated his view that if that is so the failure to have regard to it was "arguably procedurally unfair, albeit through no fault of the judge". I agree with the first element of that opinion, but not with the second.
3. Mr Kotas invites the Upper Tribunal to consider whether it is satisfied that the material was before Judge Fox and, if so, to remit the appeal. I am so satisfied. I set aside Judge Fox's decision for error of law. I remit the appeal for fresh determination by the First-tier Tribunal.
C. M. G. OCKELTON
VICE PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Date: 24 September 2018.
