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

IAC-AH- SC-V1

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU/08259/2019

 

 

THE IMMIGRATION ACTS

 

 

Determined on the Papers at Field House	Decision & Reasons Promulgated
On 20 November 2020	On 09 December 2020

 

 

Before

 

UPPER TRIBUNAL JUDGE ALLEN

 

Between

 

SEBASTIAN OTENG

(anonymity direction not made)

 

Appellant

and

 

ENTRY CLEARANCE OFFICER - accra

Respondent

 

 

 

DECISION AND REASONS

 

1. The appellant is a national of Ghana. He appealed to a Judge of the First-tier Tribunal against the Secretary of State's decision of 27 February 2019 refusing leave to enter the United Kingdom.

 

2. The judge having dismissed the appeal, the appellant sought and was granted permission to appeal on the basis of procedural unfairness not taking into account relevant documents and error as to the burden of proof applied by the judge.

3. In a response to directions sent on behalf of the Entry Clearance Officer on 6 September 2020 it was accepted that the judge had not considered material evidence and accordingly it was agreed that the decision should be set aside and remitted for redetermination in the First-tier Tribunal.

 

4. I agree with the submission. Accordingly this appeal is allowed to the extent that it is remitted for a full rehearing by a Judge of the First-tier Tribunal other than Judge Steer.

 

No anonymity direction is made.

 

 

 

Signed Date 3 ^rd December 2020

Upper Tribunal Judge Allen