IA178522015

By a decision dated 18 May 2018 I found that the First-tier Tribunal had erred in law and gave directions for the disposal of the hearing in the Upper Tribunal. My decision and reasons were as follows:

The appellant, JJ, is a citizen of Guyana who was born in 1989. He appealed to the First-tier Tribunal (Judge S T Fox) against the decision of the Respondent dated 30 April 2015 refusing him further leave to remain in the United Kingdom on human rights grounds. The First-tier Tribunal in a decision promulgated on 3 March 2017, dismissed the appeal. The appellant now appeals, with permission, to the Upper Tribunal.

Both parties accept that at the hearing before the First-tier Tribunal, the judge was told that contact continued in accordance with the court order. That evidence was not challenged by the Presenting Officer. The judge conducted his Article 8 analysis on a false basis. He failed properly to identify the strength of the relationship between the appellant and his son, a finding which was of crucial importance in the proportionality assessment. In consequence, I find that the judge's decision has been flawed by legal error.

A. The decision of the First-tier Tribunal which was promulgated on 3 March 2017 is set aside. None of the findings of fact shall stand.

B. Within 21 days of service upon them of these directions, the parties shall file at the Upper Tribunal, serve on each other and send to Upper Tribunal Judge Lane ([email protected]) written evidence and submissions upon which they seek to rely in the remaking of the decision.