IA174282014

The appellant appeals against a decision of First-tier Tribunal Judge Law promulgated on 30 May 2014 in which he dismissed the appellant�s appeal against a decision made on 14 March 2014 refusing to vary leave to enter or remain by reference to the Turkey-European Community Association Agreement and, secondly, issuing removal directions under Section 47 of the Immigration, Asylum and Nationality Act 2006.

This matter comes before me for consideration as to whether or not there was a material error of law in the decision made by First-tier Tribunal Judge Law.

At the hearing before me Mr Parkinson and Ms Joshi confirmed that they had had a preliminary discussion and reached agreement that there was a material error of law and that the matter should be remitted to the First-tier Tribunal for a hearing de novo.

Permission was granted by First-tier Tribunal Judge Molloy on 17 June 2014 and he concluded that it was arguable that the judge erred by disposing of the appeal under Rule 15 rather than Rule 9(2) of the said Procedure Rules. I am satisfied that Rule 9(2) does not apply to the particular circumstances.

I find that there is evidence to show that the Tribunal administration accepted the notice of appeal together with the immigration decision forwarded by the appellant on 1 April 2014 within the time limit. I find that First Tier Tribunal�s decision was procedurally wrong and unfair as it effectively denied the appellant her the right to an appeal hearing. There was evidence that she met the time limit for lodging the appeal and that she had in fact submitted the relevant paperwork. I find that there was a material error of law in the Tribunal decision.