IA012792014

By a decision promulgated on 10 October 2014 Upper Tribunal Judge Latter set aside the decision of First-tier Tribunal Judge Trevaskis and directed the appeal to be reheard on its merits in the Upper Tribunal preserving, subject to them being supplemented or clarified by any further evidence, Judge Trevaskis�s findings of fact found in paragraphs 35 to 39 of his decision.

The background to the appeal and the issues arising are clearly set out in Judge Latter�s decision, which is annexed to this decision. There is little utility to repeating the information set out in it.

I shall continue the practice of referring to the parties as they were before the First-tier Tribunal. I shall refer to Ms Akhtar as �the appellant� and the Secretary of State as �the respondent�.

I remind myself that the date of decision is 10 December 2013. This being an in-country appeal I may consider evidence about any matter which I think relevant to the substance of the decision, including evidence which concerns a matter arising after the date of decision.

In immigration cases the burden of proof generally lies upon the appellant with respect to any assertions of fact which she makes. The standard of that proof is the balance of probabilities.