IA020992015

This is the appellant's appeal against the decision of First-tier Tribunal Judge Birk promulgated 13.4.15, dismissing on immigration and human rights grounds her appeal against the decision of the Secretary of State to refuse her application for leave to remain in the UK as the victim of domestic violence. The Judge heard the appeal on 13.4.15.

I can only interfere with the decision of the First-tier Tribunal if I find an error of law in the making of the decision of the First-tier Tribunal sufficient to require the decision of Judge Birk to be set aside. For the reasons set out below, I find no such error.

The appellant was not legally represented before me and was similarly not represented at the First-tier Tribunal appeal hearing. Before Judge Birk the appellant stated that she thought she was to be represented but was told by her representative that he was not licensed to speak on her behalf. She made no application to adjourn.

The grant of permission to appeal by Judge White was on the basis of the appellant's assertion that she could provide further information from the police. Judge White stated, "It is arguable that there may have been procedural unfairness in not adjourning the hearing in order to allow the appellant to produce such information that may have been material to the issues. Accordingly I am satisfied that the grounds and decision and reasons disclose an arguable error of law."

It is not at all clear which documents the appellant was referring to, or what Judge White considered their relevance to be. In the handwritten grounds of appeal, the appellant stated that she could not get a reply from the officer who handled her domestic violence case. The solicitors' letter made no reference to any information from the police, other than two West Midlands Police Contact cards, one of which has the single word 'assault' on it.