VA194142013

This is an appeal against a decision of the First-tier Tribunal (Judge Froom) promulgated on 14 th October 2014 in which he dismissed the appeal on human rights grounds under Article 8 ECHR.

This was a family visit appeal with a restricted right of appeal to race relations grounds or human rights grounds. The Appellant requested an oral hearing. The Tribunal determined the appeal in the absence of the parties having ascertained that the Sponsor and Appellant had been properly served with the notice of hearing [8]. And further decided that the Sponsor had not attended for the hearing [8].

The grounds of appeal assert that the Sponsor had in fact attended for the hearing on 10 th October 2014 and that he was in the Court building until 3 pm. He was then informed that the Tribunal heard and dismissed the matter. There was unfairness to the Appellant as the Sponsor was unable to give evidence in support.

Permission was granted by First-tier Tribunal Judge Mcdade on 9 th December 2014. He stated that � the Appellant and Sponsor need to be in a position to prove that the Sponsor had attended at the hearing centre and may wish to consider contacting the hearing centre to obtain any evidence of this prior to an error of law hearing. In the meantime I give the Appellant the benefit of the doubt and I hold that because of the possibility of an error on the part of the Tribunal there is an arguable error of law in not hearing the case with the Sponsor present. �

At the hearing before me the Appellant was not represented. Mr and Mrs Khan, the Sponsors attended in person. I explained the procedure that would be followed. Mrs Khan expanded on the grounds of appeal. I asked if they had been able to find any evidence to show that the Sponsor attended the hearing centre. Mrs Khan stated that she had sent an email but she did not have a copy of it with her.