HU091862017 [2019] UKAITUR HU091862017 (4 March 2019)

HU091862017 [2019] UKAITUR HU091862017 (4 March 2019)

The First-tier Tribunal's decision was set aside due to error in overlooking material evidence relevant to the genuineness of the relationship, warranting a fresh hearing.

Citation
[2019] UKAITUR HU091862017
Parties
Appellant: Samrawit Daniel; Respondent: Entry Clearance Officer
Jurisdiction
United Kingdom
Judgment Date
04 March 2019
Procedural Posture
Immigration Appeal / Appeal to Upper Tribunal From First Tier Tribunal
Outcome
decision of First-tier Tribunal set aside; case remitted for fresh hearing
Legal Topics
Entry Clearance, Spouse Visa, Genuine Relationship, Appeal Procedure
Immigration Law Entry Clearance Spouse Visa Genuine Relationship Appeal Procedure

Case Brief

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Parties

Samrawit Daniel

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Appeal to Upper Tribunal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in finding no genuine relationship between appellant and sponsor
  2. 2 Whether the decision should be set aside and remitted for rehearing

Ratio Decidendi

The First-tier Tribunal's decision was set aside due to error in overlooking material evidence relevant to the genuineness of the relationship, warranting a fresh hearing.

Court Disposition

decision of First-tier Tribunal set aside; case remitted for fresh hearing

Orders

  • Decision of First-tier Tribunal set aside
  • Case remitted to First-tier Tribunal for entirely fresh hearing before a judge other than Judge Handley