UI2023003280 & UI2023003285

           This is an appeal by the Appellants against a decision of First-tier Tribunal Judge Chohan, (the "Judge"), dated 27 June 2023, in which he dismissed the Appellant's human rights appeals. The Appellants are Eritrean nationals living in Sudan. They applied for entry clearance to join their brother who has indefinite leave to remain in the United Kingdom as a refugee.

           Permission to appeal was granted by First-tier Tribunal Judge Curtis in a decision dated 9 August 2023. The relevant paragraphs state:

"3. However, paras. 15-17 of the grounds indicate that a number of background articles had been provided relating to the internal armed conflict in Sudan which had broken out two months before the hearing on 15 June 2023. I have looked at the stitched bundle and those documents are not contained therein. A perusal of the appeal record, though, confirms that five background articles, an additional skeleton argument from counsel, a s.84 notice and a letter from the person who obtained the appellants' birth certificates were uploaded at 09:46 on the morning of the hearing.

The Judge's decision makes no mention of what documents were before him. I have considered the Presidential Practice Statement No.1 of 2022 which provides, at A.13, that material that is provided late, such as the above, may not be relied upon without leave and, at A.14, that where material is provided late, "including on the day of the hearing, the Judge must deal with the admissibility of that material at the hearing as a preliminary matter".

It seems to me at least arguable, when considering the plight of two Eritrean minors who fled to Sudan which then became embroiled in an internal armed conflict, that the fact of that conflict ought to have been considered by the Judge when deciding whether the requisite serious compelling family or other considerations existed. Ground 1 is arguable."