(Immigration and Asylum Chamber) Appeal Number: HU/11833/2018
THE IMMIGRATION ACTS
Heard at Field House
Decision & Reasons Promulgated
On 3 April 2019
On 29 April 2019
DEPUTY UPPER TRIBUNAL JUDGE JORDAN
For the Appellants: Mr M. Toesef, Counsel instructed by Global Migration Solutions, Solicitors
For the Respondent: Mr T. Melvin, Home Office Presenting Officer
DETERMINATION AND REASONS
1. T here are three appellants.
2. On 20 June 2018, the Tribunal gave directions that the appellants were to supply the Tribunal with grounds of appeal not later than 27 June 2018. Failure to comply with the direction was expressed to result in the dismissal of the appeals. Such an order dismissing the appeals was duly made by First-tier Tribunal Judge Doyle on 17 August 2018.
3. Unbeknownst to Judge Doyle, the appellants had complied with the direction. A covering letter enclosing grounds of appeal dated 26 June 2018 was sent by Global Migration Solutions (UK) Limited. I am satisfied that this was sent by fax transmission on 26 June 2018 at 10.05 (7 pages) as evidenced by the transmission sheet.
4. I do not fully understand the means by which this matter has come to my attention at a hearing of the Upper Tribunal. There may have been other routes by which this matter might have been remedied. I am unaware that this was made the subject of a grant of appeal. Be that as it may, either a Judge sitting in the Upper Tribunal or as a First-tier Tribunal Judge, I set the decision of Judge Doyle aside.
5. This effect of this order is that the appellants are entitled to pursue their appeal in the First-tier Tribunal as would have occurred had Judge Doyle known that the directions had been complied with.
6. I remit the appeal to the First-tier Tribunal for the appeal to be heard.
The Judge made an error on a point of law and I set aside the decision of Judge Doyle. The appeal is remitted to the First-tier Tribunal for hearing.
JUDGE OF THE UPPER TRIBUNAL
01 July 2019