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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/30527/2015

 

 

THE IMMIGRATION ACTS

 

 

Determined at Field House	Decision & reasons Promulgated
On 12 th March 2018	On 24 th May 2018

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE SAINI

 

 

Between

 

Mrs Nazma Begum

(ANONYMITY DIRECTION NOT MADE )

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

 

Representation :

For the Appellants: Mr P Richardson, Counsel, instructed by Lawland Solicitors

For the Respondent: Ms K Pal, Senior Home Office Presenting Officer

 

 

DECISION BY CONSENT AND DIRECTIONS

 

Decision by Consent

1.              Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:

Upon the parties' agreement that the determination of the First-tier Tribunal promulgated on 4 October 2016 discloses a material error of law, it is hereby ordered by consent as follows:

(i)             The First-tier Tribunal Judge made errors in law in relation to the failure to grant an adjournment for the Appellant to obtain medical evidence relating to her learning disabilities, and the judge failed to consider evidence of the Appellant's relationship with her husband contained in the Appellant's bundle before rejecting that relationship (as expanded upon in the Appellant's grounds of appeal challenging the FTT's decision).

(ii)          The decision is set aside in its entirety with no findings preserved.

(iii)        The matter is to be remitted to be heard by a Judge of the First-tier Tribunal other than Judge M A Khan.

2.              The Appellant's appeal to the Upper Tribunal is therefore allowed.

3.              The decision of the First-tier Tribunal is set aside for legal error by consent.

 

Signed Date: 12 April 2018

 

Deputy Upper Tribunal Judge Saini