IA021222015

The Claimant appealed that decision to the First-tier Tribunal under section 82 (1) of the Nationality, Immigration and Asylum Act 2002. His appeal was allowed under the Immigration Rules by First-tier Tribunal Judge J Connor in a decision promulgated on 25 September 2015.

The Claimant made an application to cite the case of Qadir & SM v SSHD IA/31380/2014 and IA/36319/2014, an unreported decision, pursuant to paragraph 11 of the Practice Directions of the Immigration and Asylum Chambers of the First-tier Tribunal and the Upper Tribunal. The Claimant wished to reply on the proposition that "the generic evidence on which the Secretary of State has relied to date in all ETS cases has been demonstrated as suffering from multiple shortcomings and frailties".

Mr Kandola objected to the unreported case being relied on. He submitted that Qadir was fact specific and did not assist the court. Should Qadir be cited he would seek to rely on the report of Professor French to show that the Secretary of State's evidence had always been good and adequate which was contrary to the case of Qadir .

Ms Jones submitted that it could not be said that because Qadir went in it followed that the Secretary of State should be able to rely on fresh evidence. She relied on Qadir for a judicial finding. This was not the ideal forum for a conflict of experts and the Tribunal was concentrating on error of law only. The SSHD did not put in expert evidence in Qadir until late. It was refused and it was not appropriate to undermine Qadir by evidence that could and was not adduced in that case. If Professor French's report was admitted she would seek an adjournment to prepare submissions.

"Having considered the case of Gazi, and on the evidence before me, I am satisfied the evidence from the Respondent is generic and does not show the exact reason why ETS invalidated the certificate of the Appellant in particular and provides no evidence relating to the Appellant's circumstances."