UI2021001858

             The Secretary of State appeals with permission against the decision of the First-tier Tribunal Judge Kempton allowing the appeal of the respondent whom we shall call "the claimant" against the Secretary of State's refusal of his protection and human rights claim.

             The case is, it is fair to say, factually complex, and various characteristics of the history of the claimant himself and his partner, raise further difficulties, which required full consideration in the course of the Secretary of State's decision and in the course of the appeal.

             That description is not in any sense a criticism of the way the claimant put his case It was simply the way that things happened in this case: but this last new matter was one which required the consent of the Secretary of State before the Tribunal was entitled to consider it. No such consent was ever given. Despite that, Judge Kempton clearly had it in mind and took it into account in her decision.

             Under those circumstances there was an error of law, as we decide, in the judge's decision. There was an error of law because to that extent she exceeded her jurisdiction. She took into account a matter which, because of the constraints on her limited statutory powers imposed by s 85, she should not have taken into account.

             Looking first at that latter submission we are satisfied that that is incorrect. The power of the Tribunal is that set out in s 12 of the Tribunals, Courts and Enforcement Act 2007, and is as follows: