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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 >> UI2024002839 [2024] UKAITUR UI2024002839 (10 September 2024)
URL: http://www.bailii.org/uk/cases/UKAITUR/2024/UI2024002839.html
Cite as: [2024] UKAITUR UI2024002839
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Description automatically generated
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INTHE UPPER TRIBUNAL MIIMMIGRATION AND ASYLUM CHAMBER |
Case No: UI-2024-002839 |
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First-tier Tribunal No: HU /59712/2023 |
THE IMMIGRATION ACTS
Decision & Reasons Issued:
On 10 th of September 2024
Before
DEPUTY UPPER TRIBUNAL JUDGE PARKES
Between
RAU MAYA GURUNG
(ANONYMITY DIRECTION NOT MADE)
Appellant
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: Mr S Jaisri (Counse, instructed by Sam Solicitors)
For the Respondent: Mr M Parvar (Senior Home Office Presenting Officer)
Heard at Birmingham on 31 st August 2024
DECISION AND REASONS
1. The Appellant is a citizen of Nepal and applied for entry clearance as the family member of a former Gurkha soldier now living in the UK. The application was refused, the Appellant's appeal was heard by Judge Sweet on the 21 st of March 2024 at Hatton Cross by CVP. The appeal was dismissed for the reasons given in the decision promulgated on the 25 th of March 2024.
2. The Appellant sought permission to appeal to the Upper Tribunal in grounds of the 3 rd of April 2024. Permission to appeal was granted by Judge Chowdhury who found that it was arguable that the Judge had failed to make the assessment required in the guidance in Rai [2017] EWCA Civ 320 and on the other grounds advanced.
3. At the hearing Mr Parvar for the Respondent accepted that the decision contained material error in paragraph 11, it was agreed that there was a lack of reasoning in relation to the case of Rai. In the circumstances it was agreed that the decision could not stand and should be remitted to the First-tier Tribunal for a re-hearing with no findings preserved.
Notice of Decision
4. This appeal is allowed.
5. The decision of Judge Sweet is set aside, the appeal is remitted to the First-tier Tribunal to be de novo, not before Judge Sweet, a Nepalese interpreter is required for the hearing..
Judge Parkes
Deputy Judge of the Upper Tribunal
Immigration and Asylum Chamber
Dated: 29 th August 2024