KA v Secretary of State for Work and Pensions: [2024] UKUT 248 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Stout on 16 August 2024
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Judicial Summary
The First-tier Tribunal’s decision is set aside because it proceeded unfairly by deciding the appellant’s case: (a) on the papers on 15 June 2023; (b) without hearing from the appellant in person at a further hearing on 30 November 2023, having told her that she did not need to attend the hearing; (c) on the basis of a submission from the Secretary of State’s representative to which the appellant had no opportunity to respond; and (d) on the basis of documents provided by the Home Office to the Secretary of State that the Secretary of State said the Home Office did not wish to be disclosed to the Tribunal or the appellant. The Tribunal should have adjourned the hearing(s) to enable the appellant to respond to the Secretary of State’s submission, and should have ordered the documents to be disclosed to the Tribunal and the appellant.
The Tribunal also failed to give any adequate or rational reasons why it accepted the submission from the Secretary of State’s representative over the appellant’s documentary evidence that she had had indefinite leave to remain since 2001.
The Secretary of State supported the appellant’s appeal to the Upper Tribunal. The Secretary of State having now received confirmation from the Home Office that the appellant was granted indefinite leave to remain in 2001 in accordance with the appellant’s documentary evidence, the Upper Tribunal remakes the decision in the appellant’s favour.