OA140392012

Judge McKee made it clear that as the parties had not been expecting to deal with the remaking of the decision it was not feasible to proceed to do so and the matter was accordingly adjourned to the hearing that came before me following the retirement of Judge McKee. The document produced by Judge McKee following the hearing in December does, however, contain two errors. The first of which is that it is described as a �determination and reasons� whereas it is a decision on a preliminary issue and, secondly, after the heading "decision" Judge McKee has stated that the appeal is allowed.

This was raised as a preliminary issue at the start of the hearing and it accepted by all parties that this was not the intention of Judge McKee. I find the reference to the appeal being allowed is an error and that such a purported finding has to be set aside as it could not have been properly made without the evidence being heard and the parties being given the opportunity to make representations.

Mrs Rackstraw confirmed that no document verification report has been provided by the ECO, despite reference the same in e-mails.

In his application the Appellant states that he was born on 1 st January 1975 in Eritrea. He currently lives in Sudan and claims that his spouse, who he names as Senait Solomon, was born on 1 st January 1976. He provides her address in the United Kingdom.

He states he is unemployed and is supported by money transfers from his wife in the United Kingdom. He entered Sudan in July 2011 where he was granted refugee status.