Further Procedure
25. We invited submissions on further procedure in the event that we allowed the appeal. Miss Giovanetti submitted that we should remit the case to the FTT for a rehearing. That would allow the appellant, who had not given evidence before the FTT, to do so should he so wish. Mr Mackenzie submitted that the case should remain in the UT. He had no instructions that the appellant had changed his mind and now wished to give evidence. 26. Having regard to the Practice Statement at 7.2, we are not persuaded that this is a case that should be remitted to the FTT and accordingly the appeal will be listed for further hearing before the Upper Tribunal, and subject to the Directions set out below.
- DECISION AND REASONS
- The Law
- Al-Sirri v Secretary of State for the Home Department
- Pushpanathan v Canada, Minister of Citizenship and Immigration
- Al-Sirri
- R (on the application of JS) (Sri Lanka) v Secretary of State for the Home Department
- Tadic
- KJ (Sri Lanka) v SSHD
- the Evidence
- Upper Tribunal
- Before
- Between
- Appellant
- Representation
- DETERMINATION AND REASONS
- Grounds of Appeal
- Al-Sirri v Secretary of State
- The FTT’s Approach
- Submissions for Secretary of State
- Submissions for the Appellant
- Decision on Ground 1 – Standard of proof
- AH (Algeria) v Secretary of State for the Home Department
- Ground 2
- Youssef v Foreign Secretary
- MN (Somalia) v Secretary of State
- Decision on Ground 2
- Further Procedure
- DIRECTIONS
