UI2024002059

For the Appellant: Mr E Nicholson, instructed by Ash Immigration Services Solicitors

            The appellant's appeal against the respondent's decision was dismissed by First-tier Tribunal ("FtT") Judge Mills ("the judge") for reasons set out in a decision promulgated on 18 January 2024.

            Permission to appeal was granted by FtT Judge Kudhail on 8 May 2024. She said:

"The ground 1 and 2 assert that the Judge erred in failing to accept the appellant and sponsor as vulnerable witnesses in light of medical evidence and failed to take this into account in making credibility findings. At paragraph 36, the Judge does refer to the medical evidence and accepts the appellant has depression and there were safeguarding concerns. The Judge does appear to refer to this medical diagnosis when making the credibility findings referred to in ground 2. It is arguable there has been an error of law."

            Nevertheless Mr Nicholson submits that once the judge's attention was drawn to the vulnerability of the sponsor, the judge .was required to consider whether the sponsor is vulnerable. At paragraph [38] the judge noted the sponsor's claim that he had had allowed his family to keep him apart from the appellant because he was very unwell and vulnerable, but the judge did not take the appellant's vulnerability into account when assessing his credibility and reaching findings.