(Immigration and Asylum Chamber) Appeal Number: OA/06834/2012
THE IMMIGRATION ACTS
Heard at Birmingham
On 1 July 2013
On 3 September 2013
UPPER TRIBUNAL JUDGE HANSON
DEPUTY UPPER TRIBUNAL JUDGE SOMMERVILLE
Regine Ngamba Sesep
(Anonymity direction not made)
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the Appellant: Ms Rutherford - counsel
For the Respondent: Ms Pleass Presenting Officer
DETERMINATION AND REASONS
Regrettably, there is an increasing tendency in immigration cases, when a First-tier Tribunal Judge has given a judgment explaining why he has reached a particular decision, of seeking to burrow out industriously areas of evidence that have been less fully dealt with than others and then to use this as a basis for saying the judge’s decision is legally flawed because it did not deal with a particular matter more fully. In my judgment, with respect, that is no basis on which to sustain a proper challenge to a judge’s finding of fact.
The making of the decision of the First-tier Tribunal did not involve the making of an error on a point of law.
We do not set aside the decision
The First-tier Tribunal did not make an order pursuant to rule 45(4)(i) of the Asylum and Immigration Tribunal (Procedure) Rules 2005.
We make no fee award.
Judge of the Upper Tribunal