BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

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


You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> PA129992016 [2017] UKAITUR PA129992016 (26 May 2017)
URL: http://www.bailii.org/uk/cases/UKAITUR/2017/PA129992016.html
Cite as: [2017] UKAITUR PA129992016

[New search] [Context] [View without highlighting] [Printable PDF version] [Help]


 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/12999/2016

 

THE IMMIGRATION ACTS


Heard at Glasgow

Decision & Reasons Promulgated

on 24 May 2017

on 26 May 2017

 

 

Before

 

UPPER TRIBUNAL JUDGE MACLEMAN

 

Between

 

BEN (ELIZABETH) HUNTER

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

For the Appellant: Mr E MacKay, of McGlashan MacKay, Solicitors

For the Respondent: Mr M Matthews, Senior Home Office Presenting Officer

 

DETERMINATION AND REASONS

1.              The appellant appeals against a determination by First-tier Tribunal Judge David C Clapham SSC, promulgated on 28 March 2017.

2.              The appellant's first ground, read shortly (¶3 - 4 of the application) is that at ¶53 the judge gave manifestly inadequate weight to some considerations and manifestly excessive weight to others; and that having accepted certain evidence to the extent he did, did not apparently have regard to the inherent improbability of a heterosexual woman engaging in sexual relationships with multiple lesbian women simply to bolster her asylum claim.

3.              Mr Matthews said that although the respondent would have been prepared to argue against the other grounds of appeal, the first ground disclosed deficiencies in the judge's consideration of the evidence of the witnesses for the appellant, such as to require rehearing in the FtT.

4.              Mr MacKay agreed with that outcome.

5.              On 22 May, the appellant forwarded materials to the UT directly by email (not through her solicitors). These are a mixture of submissions and evidence, some of it conveyed indirectly in the form of a letter from a "caseworker" at "Unity Centre, Glasgow". The UT copied these materials to Mr MacKay and to Mr Matthews in advance of the hearing. The supply of materials in this form was inappropriate, particularly when the appellant has representation. The materials include quite serious allegations against the respondent and against the judge not merely of incompetence but of unfairness or bias. These are made without any proper foundation, and do not correspond with the grounds of appeal. They were not accompanied by any application for admission of further evidence, or for amendment of the grounds. As the case developed in the UT, these materials have played no part in the outcome, so I simply place the matter on record.

6.              The decision of the FtT errs in law, as conceded by the respondent. The decision is set aside. None of its findings are to stand, other than as a record of what was said at the hearing.

7.              The nature of the case is such that it is appropriate in terms of section 12(2)(b)(i) of the 2007 Act and of Practice Statement 7.2 to remit the case to the FtT for an entirely fresh hearing.

8.              The member(s) of the FtT chosen to consider the case are not to include Judge David C Clapham SSC.

9.              No anonymity direction has been requested or made.

 

 

 

 

24 May 2017

Upper Tribunal Judge Macleman

 

 

 


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKAITUR/2017/PA129992016.html