IA247312014

The appeal came before First Tier Tribunal Judge Cary for hearing on 13 February 2015. The Respondent, his Sponsor and two further witnesses attended to give evidence. There was no appearance by the Secretary of State nor had she served or made available any record of the interview that had taken place on 23 rd April 2014. The Judge heard evidence from the Respondent, from Maria Lakatos, his wife and from Mr Piara Singh and Mr Jagjit Singh and he heard submissions from Mr Chodha, who appeared on behalf of the Respondent.

The Secretary of State sought permission to appeal on 27 February 2015. The grounds of appeal asserted that the First Tier Tribunal Judge erred materially in law in failing to give reasons or any adequate reasons for findings on material matters viz his finding at [41] that the Respondent and his wife were able to communicate in a common language. It was further asserted that this was a perverse or irrational finding as it was not supported by any evidence provided by the Respondent or his spouse.

Permission to appeal was granted by First Tier Tribunal Judge Colyer on 16 April 2015 on the basis that it was arguable that the judge has materially erred in law by failing to give reasons or adequate reasons for his findings on a material matter.

Mr Avery indicated that he had a summary of the interview with the Respondent and his wife by the interviewing officer but no verbatim record.

For these reasons, I find that there is no material error of law in the decision of the First Tier Tribunal Judge.