HU104192017 & HU079802018 [2019] UKAITUR HU104192017 (9 January 2019)

HU104192017 & HU079802018 [2019] UKAITUR HU104192017 (9 January 2019)

The First-tier Tribunal erred in law by failing to consider and make findings on the document verification reports central to the respondent's case, and by failing to provide adequate reasons for discounting that evidence. The earlier findings regarding the documents did not address the issue of forgery and could not be determinative of the new issues raised. The decision was set aside and the matter remitted for rehearing.

Citation
[2019] UKAITUR HU104192017
Parties
Appellant: Entry Clearance Officer; Respondent: Altaf [E]; Respondent: [S A]
Jurisdiction
United Kingdom
Judgment Date
09 January 2019
Procedural Posture
Immigration Appeal / Appeal to Upper Tribunal From First Tier Tribunal
Outcome
Decision of First-tier Tribunal set aside; appeal remitted for rehearing before a different judge.
Legal Topics
Entry Clearance, Family Reunion, Document Verification, Article 8 ECHR, Deception and Forgery, Procedural Fairness
Immigration Law Human Rights Law Entry Clearance Family Reunion Document Verification Article 8 ECHR Deception and Forgery Procedural Fairness

Case Brief

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Parties

Entry Clearance Officer

Appellant

Altaf [E]

Respondent

[S A]

Respondent

Procedural Posture

Immigration Appeal / Appeal to Upper Tribunal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred by failing to consider and make findings on document verification reports alleging forgery of marriage and birth certificates
  2. 2 Whether the First-tier Tribunal failed to provide adequate reasons for discounting the document verification evidence
  3. 3 Whether the First-tier Tribunal misapplied findings from an earlier decision regarding the genuineness of documents

Ratio Decidendi

The First-tier Tribunal erred in law by failing to consider and make findings on the document verification reports central to the respondent's case, and by failing to provide adequate reasons for discounting that evidence. The earlier findings regarding the documents did not address the issue of forgery and could not be determinative of the new issues raised. The decision was set aside and the matter remitted for rehearing.

Court Disposition

Decision of First-tier Tribunal set aside; appeal remitted for rehearing before a different judge.

Orders

  • Set aside the decision of First-tier Tribunal Judge Devittie promulgated on 30 August 2018.
  • Remit the appeal to the First-tier Tribunal for rehearing before a judge other than Judge Devittie.