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


You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> UI2023004801 & UI2023004802 [2024] UKAITUR UI2023004801 (10 January 2024)
URL: http://www.bailii.org/uk/cases/UKAITUR/2024/UI2023004801.html
Cite as: [2024] UKAITUR UI2023004801

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IN THE UPPER TRIBUNAL

IMMIGRATION AND ASYLUM CHAMBER

Appeal No: UI-2023-004801

UI-2023-004802

First-tier Tribunal No:

HU/60280/2022, LH/03855/2023

HU/60279/2022; LH/03854/2023

 

THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 10 January 2024

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE PARKES

 

Between

 

MHD FAROUK AL SAYYAD

NUHA NAHLAWI

Appellants

and

 

ENTRY CLEARANCE OFFICER

Respondent

Representation :

For the Appellant: Ms A Sepulveda (Solicitor, Fountains Solicitors)

For the Respondent: Mrs R Arif (Senior Home Office Presenting Officer)

 

Heard at Birmingham on 21 st December 2023.

 

DECISION AND REASONS

 

1.     The Appellants applied for entry to the UK under the Adult Dependent Relative provisions of the Immigration Rules. The applications were made on the 30 th of March 2022, they were refused for the reasons given in the Refusal Notices of the 6 th of December 2022. The Appellants appealed to the First-tier Tribunal.

 

2.     The Appellants' appeals were heard by Judge Groom at Nottingham on the 19 th of September 2023 and dismissed for the reasons given in her decision promulgated on the 21 st of September 2023.

 

3.     The Appellants' sought permission to appeal from the First-tier Tribunal, permission was granted by Judge Monaghan on the 8 th of November 2023. The application was on the basis that Judge Groom had not addressed the provisions of paragraph ADR7.1 and had not properly addressed article 8 of the ECHR. Permission was granted on all grounds.

 

 

4.     At the hearing it was conceded by the Respondent that the Judge had erred and had not addressed paragraph ADR7.1 and that the error amounted to an error of law. In the circumstances it was agreed between the parties that the appeal should be remitted to the First-tier Tribunal for a re-hearing with no findings preserved other than that the relationship between the Appellants and the Sponsor is now accepted.

Notice of Decision

 

5.     The decision of Judge Groom contained an error of law and is set aside. The appeals are remitted to the First-tier Tribunal for re-hearing not before Judge Groom.

 

 

Judge Parkes

 

Judge of the Upper Tribunal

Immigration and Asylum Chamber

 

2 nd January 2024


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URL: http://www.bailii.org/uk/cases/UKAITUR/2024/UI2023004801.html