IA179392014 & Others

The Appellant in these proceedings is the Secretary of State. However for convenience I shall now refer to the parties as they were before the First-tier Tribunal.

The error of law hearing took place on 18 November 2015 and I found there to be an error of law in the First-tier Tribunal Judge's decision, as although he properly considered all the evidence relating to Mauritius in detail and gave this anxious scrutiny, he did not give the same anxious scrutiny to the return of the appellants to South Africa. I found this to be a material error of law finding that the issues relating to the family returning to South Africa and the education and medical treatment available there had not been properly considered.

This is the second stage of that error of law hearing. An email was sent to the Tribunal dated 16 December 2015 from Chambers Solicitors, London, who act for the Appellants. It states that Chambers are not in funds for this hearing and will not be attending. The email states that the Appellants will not be attending either. The email asked that the case be dealt with on the papers.

Written submissions were received on behalf of the Appellants on 17 December 2015, the date of the hearing.

I heard submissions from the Presenting Officer who submitted that the Appellants have not discharged the burden of proof as they have not shown they are unable to go to live in South Africa. He submitted that one of the parents and one daughter have South African passports and the burden of proof lies on the Appellants. He submitted that no reasons have been put forward to show that they are unable to live there. He submitted that although the education and medical facilities may not be free in South Africa that is not a reason for the Appellants remaining in the United Kingdom.