UI2023002642

              The Appellant is a citizen of Somalia, whose date of birth is recorded as 25 th March 2058, who made application for entry clearance to the United Kingdom as the mother of the Sponsor, her son, a Norwegian national.

              On 28 th July 2022 a decision was made to refuse the application.

              On 7 th June 2023 First-tier Tribunal Judge Cox refused permission on the basis that the grounds were inadequately supported with evidence of the contact details. However, on a renewed application to the Upper Tribunal, Judge Kamara on 14 th August 2023, granted permission on the basis of arguable procedural unfairness.

              When this matter came before me, I indicated that where a legal representative says that they did not receive a notice there should be compelling evidence that that is not true. Solicitors in particular are Officers of the Court, but all representatives would know of the very serious consequences that would result from misleading a Tribunal indeed contempt of court comes to mind but also attempt to pervert the course of justice.

              Ms Rixom very fairly accepted that the proper approach, absent the file from the First-tier Tribunal, which despite an attempt to obtain was not obtained before today's hearing, was that this matter should be sent back to the First-tier Tribunal.