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That application was considered by Upper Tribunal Judge Dawson, who in a memorandum and directions dated 1 st May 2013 noted that an email had been received on 19 th March that contained three links. Judge Dawson considering Rule 43 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and in particular sub-paragraph (2) considered that the direction requiring the Respondent to comply by 20 th March may have been overlooked. The judge concluded;
�� unless I receive a proposal to the contrary within seven working days of the date of the sending out of the memorandum and these directions, the decision of Judge Wilson will be set aside. In such events the hearing will be restored before him and an opportunity given to the parties to make such further representations as they are advised in response to the email from Ms Kenny and the information contained therein.
Neither party replied opposing that proposed course. The Appellant requesting a copy of the attached letter from Lorna Kenny and also in due course filing a short further witness statement we have therefore considered initially, neither advocate addressing the issue before us, whether having regard to Rule 43 sub-Section (2) it is appropriate to set aside the decision. There is no dispute that the determination was promulgated prior to the date specified and we therefore set the determination of the Upper Tribunal of the 12 th March 2013 aside under Rule 43.
The general background of the appeal of this Appellant is that his Sponsor and her husband had been accepted as refugees in the United Kingdom and by the time of the application subject to the appeal had both been granted indefinite leave to remain in the United Kingdom. The Immigration Rule that had been considered appropriate by the Respondent was therefore paragraph 317 of HC 395 as amended.
It is appropriate to set out the letter from Lorna Kenny, a Senior Presenting Officer dated 19 th March 2013. This is by way of an email that was sent to the Field House correspondence section on that date.
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