IA268562014 & IA268532014

The appellant appealed to the First-tier Tribunal under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 on June 26, 2014.

On September 19, 2014 Judge of the First Tier Tribunal Birrell (hereinafter referred to as the �FtTJ�) was asked to deal with the appeal on the papers and in determination promulgated on October 2, 2014 she refused their appeals on the basis false documents had been produced. At paragraph [10] she stated-

The appellants lodged grounds of appeal on October 7, 2014 and on November 14, 2014 Judge of the First-tier Tribunal Deans gave permission to appeal finding there were arguable grounds that the FtTJ may have erred through a procedural irregularity namely there was evidence that a bundle of documents had been sent but had not been placed before the FtTJ.

The matter came before me on December 23, 2014 and at that hearing Mr Walker accepted an email that had been sent but had not made the FtTJ�s file and was not before the FtTJ. He accepted there had been a procedural error and he invited me to adjourn the hearing to have the document adduced verified. He further confirmed that the only live issue in this appeal was the genuineness of the original document. I found there was an error although I made it clear no fault attached to the FtTJ who dealt with the file as it was presented to her.

I initially adjourned the appeal until February 26, 2015 but on that date the respondent indicated she had not received the documents and I agreed to adjourn the case further. I gave directions and on March 19, 2015 the respondent wrote to the tribunal and the appellants� representatives attaching a copy of additional evidence.