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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> EA037082021 & Ors. [2022] UKAITUR EA037082021 (18 July 2022)
URL: http://www.bailii.org/uk/cases/UKAITUR/2022/EA037082021.html
Cite as: [2022] UKAITUR EA037082021, [2022] UKAITUR EA37082021
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: UI-2021-001611; EA/03708/2021
UI-2021-001612; EA/03823/2021
UI-2021-001613; EA/03824/2021
THE IMMIGRATION ACTS
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Decision & Reasons Promulgated | |
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On the 6 June 2022 |
On the 18 July 2022 |
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Before
UPPER TRIBUNAL JUDGE blum
Between
HARDEEP BAGRAH
PARAMJIT BAGRAH
VEENA KUMARI
(anonymity direction NOT MADE)
Appellants
and
ENTRY CLEARANCE OFFICER
Respondent
Representation :
For the Appellant: Mr Z Jafferji, counsel, instructed by Adam Bernard Solicitors
For the Respondent: Mr T Lindsay, Senior Home Office Presenting Officer
DECISION AND REASONS
1. This decision is issued under the provisions of rule 40(3)(a) and (b) of the Tribunal Procedure (Upper Tribunal) Rules 2008. Both subparagraphs of rule 40(3) apply to this decision.
2. The decision of Judge of the First-tier Tribunal Parkes, promulgated on 13 October 2021 is erroneous in law. The Judge failed to take into account relevant evidence and failed to make material findings of fact when concluding that the appellants did not rely on their sponsor in order to meet their essential needs.
3. The appeal is remitted the First-tier Tribunal to be determined de novo by a judge other than Judge Parkes.
Notice of Decision
The judge made a material legal error. The appeals are allowed to the extent that they are remitted back to the First-tier Tribunal for a fresh hearing
D.Blum 6 June 2022
Signed Date
Upper Tribunal Judge Blum