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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: UI-2021-001611; EA/03708/2021

UI-2021-001612; EA/03823/2021

UI-2021-001613; EA/03824/2021

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision & Reasons Promulgated
On the 6 June 2022	On the 18 July 2022

 

Before

 

UPPER TRIBUNAL JUDGE blum

 

 

Between

 

HARDEEP BAGRAH

PARAMJIT BAGRAH

VEENA KUMARI

(anonymity direction NOT MADE)

Appellants

and

 

ENTRY CLEARANCE OFFICER

Respondent

 

 

Representation :

For the Appellant: Mr Z Jafferji, counsel, instructed by Adam Bernard Solicitors

For the Respondent: Mr T Lindsay, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

1.              This decision is issued under the provisions of rule 40(3)(a) and (b) of the Tribunal Procedure (Upper Tribunal) Rules 2008. Both subparagraphs of rule 40(3) apply to this decision.

2.              The decision of Judge of the First-tier Tribunal Parkes, promulgated on 13 October 2021 is erroneous in law. The Judge failed to take into account relevant evidence and failed to make material findings of fact when concluding that the appellants did not rely on their sponsor in order to meet their essential needs.

3.              The appeal is remitted the First-tier Tribunal to be determined de novo by a judge other than Judge Parkes.

 

Notice of Decision

The judge made a material legal error. The appeals are allowed to the extent that they are remitted back to the First-tier Tribunal for a fresh hearing

 

 

 

D.Blum 6 June 2022

 

Signed Date

Upper Tribunal Judge Blum