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For the Respondent: Mr T Lindsay (on 20 th September), Mr D Mills (on 23 rd October)
On 20 th September 2018, I heard an appeal by Ms Boland against a decision of the First-tier Tribunal and made the following decision:
The appellant's appeal against the decision of the respondent refusing her a permanent residence card was dismissed by First-tier Tribunal Judge Carroll for reasons set out in a decision promulgated on 4 th April 2018. He had written the decision and signed it on 19 th March 2018.
The appellant had, on 7 th March 2018, notified the First-tier Tribunal that, contrary to what she had said on her appeal notice, she wished the appeal to be determined on the papers. When the First-tier Tribunal judge wrote the reasons for his decision, he did not have any documentary evidence from the appellant that supported her grounds of appeal and he dismissed the appeal. It is not apparent that there was any indication on the file that documents were expected from the appellant and the date for filing documents as set out in the directions had passed.
The First-tier Tribunal administration sent the documents to the judge who sent them back to the administration with a note dated 29 th March 2018 that the papers had been received "after promulgation". That note is incorrect - the judge had sent his decision to the promulgations team but it was not in fact promulgated until 4 th April.
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