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For the Respondent: Mr M Blundell, Counsel, instructed by Rashid & Rashid, Solicitors
The appellant is a citizen of Nepal, born on 18 May 1996. He was refused entry clearance to settle in the UK with his mother and stepfather. His appeal was then allowed by Judge of the First-tier Tribunal Shamash, following a hearing at Taylor House at which the appellant�s mother, stepfather, and a friend of the appellant�s mother gave oral evidence. The determination was promulgated on 8 April 2014.
Although the appellant in the Upper Tribunal is the Entry Clearance Officer I will refer, in this determination, to the parties as they were before the First-tier Tribunal.
Mr Blundell, for the appellant, produced a witness statement by David Sellwood, Counsel, who appeared for the appellant at the First-tier hearing. Attached to the witness statement was Mr Sellwood�s note of the events on the day of the hearing, signed by him on that day, 27 February 2014. Mr Blundell also produced a copy of JK (Democratic Republic of Congo) v SSHD [2007] EWCA Civ 831 , on which he relied for the proposition that asylum proceedings before an Immigration Judge are adversarial in nature.
Mr Bramble, for the Secretary of State, produced an attendance note written by Sarah Ramsey, Counsel, who represented the Secretary of State at the First-tier hearing. The note is dated 29 March 2014, just over a month after the hearing took place.
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