IA126122013

For the Respondent: on 22 July 2014, Mrs S Siddique, Presenting Officer; on 10 September 2014, Mrs M O�Brien, Senior Presenting Officer

The appellant appealed to the First-tier Tribunal. Rather than alleging error by the respondent in evaluating his application, his grounds are an expression of dissatisfaction with the changing and confusing requirements of the Rules.

First-tier Tribunal Judge McGavin heard the appellant�s appeal on 11 September 2013. The appellant attended, without representation. Mrs Siddique was the Presenting Officer. In her determination, promulgated on 24 September 2013, the Judge said that although the appellant understandably felt aggrieved, she could find nothing to permit the appeal to be allowed under the rules, on grounds of �fairness�, or on human rights grounds.

The appellant submitted self-prepared grounds of appeal to the Upper Tribunal. Some parts of the grounds are critical of the Judge�s conduct of the hearing. On 29 January 2014 First-tier Tribunal Judge Gibb granted permission to appeal, because although the assertions about conduct of the hearing were made without supporting evidence or a response from the Judge, �� issues of an unrepresented appellant being seen to have a fair hearing are important in themselves, even if the eventual outcome is unlikely to be different.�

In view of the nature of the grounds, Judge McGavin was asked to provide her response to what was said to have happened at the hearing before her. She provided that in a note dated 6 March 2014. Her typed record of the proceedings, made on the day, was already on file. The Judge said that she had probably asked the appellant not to use documents before him as a prompt; that during any period when she was with the Presenting Officer in his absence, there was no discussion of his case; and that his nationality had no bearing on her decision.