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The appellant appeals with permission against the decision of First-tier Tribunal Judge Geraint Jones QC dismissing his appeal against the Secretary of State's decision to remove him from the United Kingdom. The Secretary of State's case is that the appellant had improperly obtained by deception a TOEIC pass test certificate by using a proxy and she then sought to remove him pursuant to section 10 of the Immigration and Asylum Act 1999. Unusually in this case of that type, there is a right of appeal in country because the appellant had made a prior human rights claim.
The judge did not accept the appellant's evidence but more importantly failed to make any findings whatsoever with regard to Article 8. Permission to appeal against that decision was refused by the First-tier Tribunal and again on renewal to the Upper Tribunal. However, as a result of a decision of Mr Justice Walker on a "Cart" Judicial Review the matter was remitted to the First-tier Tribunal.
I am satisfied having had regards to all the papers the judge did fail to make any findings at all with respect to Article 8 issues. Quite properly, Mr Walker accepted that this was a clear error of law and on that basis alone the decision cannot stand.
It did, however, become apparent during the hearing that in some respects the evidence that the appellant is the Ravinder Singh identified as having sat a test in Manchester is unclear. The extract from the database provided by the lookup tool does not identify, for example, passport number, and the name is relatively common.
Owing to the nature of the case and the unclear nature of the evidence which was served on the day that the appellant had also undertaken a test at Manchester Learning Academy, the reality is that the entirety of this case will have to be reheard, given that the entirety of the findings made by the First-tier Tribunal are unsafe and a fresh decision made and accordingly I am satisfied that the appropriate course of action would in this case be to remit the decision to the First-tier.
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