(Immigration and Asylum Chamber) Appeal Number: HU/04031/2018
THE IMMIGRATION ACTS
Heard at Field House, London Decision & Reasons Promulgated
On the 1 st August 2019 On the 16 th August 2019
DISTRICT JUDGE MCGINTY
SITTING AS A DEPUTY UPPER TRIBUNAL JUDGE
MR JARNAIL SINGH
(Anonymity Direction not made)
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the Appellant: Mr O'Brien (Counsel)
For the Respondent: Mr Melvin (Senior Home Office Presenting Officer)
DECISION AND REASONS
My Findings on Error of Law and Materiality
" 6. ... I have lived with my late brother and [R] at [52 - ] for most of the 15 years that I have been in the UK. However I only started living with [R] in her home as her partner in February/March 2015.
7. For short periods of time I have lived with my sister [RT] and for short periods of time I have lived at the Sikh Temple as I am a practising devout Sikh. I spent most of my time in the UK volunteering at the local Sikh Temple and giving to the local community and practising my faith ".
21. In his witness statement [PD] at paragraph 5 had stated that " over the last 15 years I confirm my uncle has lived at this address the majority of time he has been in the UK". He also stated in that paragraph that he knew that his uncle also had stayed at the Sikh Temple for several days or weeks and that on other occasions had been living with [RT]. Although at paragraph 2 Mr [D] had said that " I can confirm that in February or March Jarnail moved in to live with my mother" and at paragraph 6 said that " my mum was living on her own until the Appellant moved in with her", no questions were asked of Mr [D] to clarify the position as set out within paragraphs 2, 5 and 6 of his statement.
Notice of Decision
The decision of First-tier Tribunal Judge Hussain does contain material errors of law and is set aside in its entirety. The matter is remitted back to the First-tier Tribunal for re-hearing before any First-tier Tribunal Judge other than First-tier Tribunal Judge M.B. Hussain.
No application was made for anonymity before the First-tier Tribunal nor before me, and therefore I make no Order in respect of anonymity.
D J McGinty
District Judge McGinty
sitting as a Deputy Upper Tribunal Judge Dated 1 st August 2019