(Immigration and Asylum Chamber) Appeal Number: HU/07667/2018
THE IMMIGRATION ACTS
Heard at Field House
Decision & Reasons Promulgated
On 26 July 2019
On 6 August 2019
DEPUTY UPPER TRIBUNAL JUDGE CHANA
Mr H Hasan Akm Mofazzal
(ANONYMITY DIRECTION NOT MADE)
For the Appellant: Mr Md Chowdhury, Legal Representative
For the Respondent: Ms A Fijiwala, Senior Presenting Officer
DECISION AND REASONS
1. This is an appeal against the decision of First-tier Tribunal Judge P S Aujla of the First-tier Tribunal in a decision dated 5 April 2019 who dismissed the appellant's appeal under Article 8 of the European Convention on Human Rights. Permission to appeal was granted by Upper Tribunal Judge Pickup in a decision dated 25 June 2019.
2. At the hearing, Ms Fijiwala accepted that there has been a material error of law in the decision of the First-tier Tribunal due to procedural unfairness. This is because the appellant provided medical evidence that his adjournment request should have been granted as he was indisposed and could not attend the hearing. I agree that denial of the adjournment request by the appellant lead to a material error of law as he was denied a fair hearing.
3. I therefore direct that the appeal be remitted to the First-tier Tribunal for a fresh hearing before any Judge other than Judge Aujla. No findings of facts are to be preserved and there should be a de novo hearing.
Notice of Decision
The appeal is allowed to that limited extent
No anonymity direction is made.
No fee award is made
Signed Date 30 th day of July 2019
Deputy Upper Tribunal Judge Chana