Commissioner's File: CIS/1137/1997
SOCIAL SECURITY ADMINISTRATION ACT 1992
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992
APPEAL FROM DECISION OF SOCIAL SECURITY APPEAL TRIBUNAL ON A QUESTION OF LAW
DECISION OF THE SOCIAL SECURITY COMMISSIONER
"Tribunal introduced as in the son's related appeal (7.07.96.21806).
Mrs [the claimant's mother] confirms through interpreter that the same set of facts applied to her as applied to her son.
: she speaks literally no English. She has a mobility problem, so it was all the more difficult for her to apply at the airport for asylum either at Passport Control or during that day of arrival 7-8-96.
I think it is quite clear from those notes that the tribunal regarded itself as hearing the two cases together and that the son's evidence was incorporated with his mother's evidence to the tribunal. Therefore there is in the record of the tribunal's decision on the claimant's appeal an inadequate explanation as to why the evidence which was common to both appeals led the tribunal to dismiss the claimant's appeal but uphold that of his mother. That is a breach of regulation 23(2)(b) of the Social Security (Adjudication) Regulations 1995 and on account of that error I have to set the tribunal's decision aside. Mr Haran and Miss Hartridge both addressed me on the interpretation of the expression "on his arrival" in regulation 70 (3A) (a). I have recorded their submissions in my decision on CIS/2719/97, a copy of which is the Appendix to this decision.
(Signed) R J C Angus
(Date) 2 April 1998