OA170292013

This is an appeal to the Upper Tribunal, with permission, by the Appellant in relation to a Determination of the First-tier Tribunal (Judge Wellesley-Cole) promulgated on 4th September 2014.

The Appellant sought permission to appeal to the Upper Tribunal on the basis that the second document verification report and the ECM review had not been provided to the Appellant�s representatives and they did not know of their existence until they received the Determination. Matters in connection with them could have been put to the Sponsor at the hearing.

When permission was granted the Presenting Officer's Unit, on behalf of the Entry Clearance Officer filed a response pointing out that the grounds were no more than an assertion and the representative who attended the hearing on behalf of the Appellant should make a statement as to what submissions were made. A copy of the Record of Proceedings was also requested.

Mr McClanahan then indicated, surprisingly, that neither he nor those instructing him had yet had sight of the relevant documents; the ECM review and the second document verification report. This is rather astonishing given that they had known of its existence since the First-tier Tribunal�s decision was promulgated. There had been no request for copies of those documents to the Presenting Officer's Unit or to the Tribunal.

I arranged for a copy of the Home Office bundle which was in the Tribunal�s file and which was on the Home Office file to be given to Mr McClanahan and allowed him time to take instructions thereon.