Nare
[2011] UKUT 443 (IAC); [2012] Imm AR 207 had not been followed: in particular, it appeared that no permission had been obtained or even sought from the Pakistan authorities. The appellant’s representative made a number of unsubstantiated submissions on the issue; the Presenting Officer confirmed that if the evidence was to be led he would seek an adjournment to give proper consideration to cross- examination and the possibility of further evidence. 4. The judge considered the authorities and the facts of the case before him and declined to allow oral evidence to be given from Pakistan. He heard oral evidence from a member of the appellant’s family, and took into account written evidence, including evidence from the doctor in Pakistan. In an exhaustive examination of the evidence before him (paragraphs 93-234 of his decision) the judge concluded that the appellant did not meet the requirements of the relevant immigration rules. He gave a number of reasons, among which were that neither the sponsor’s oral evidence nor the doctor’s written evidence were reliable in portraying the appellant’s life and needs. He went on to conclude that there was in this case no proper ground for thinking that the appellant had a right to entry clearance despite not meeting the requirements of the rules. He dismissed the appeal. 5. An application for permission to appeal argued that the judge erred in his consideration of the doctor’s evidence. The doctor was ready to give oral evidence and could, if asked, have clarified any difficulties which the judge saw in his report. Thus the decision to refuse to allow the doctor to give oral evidence was both wrong in itself and led to an error in the consideration of the evidence. Permission was granted by Judge Nightingale in the First-tier Tribunal, apparently on the basis that although neither party produced it before the judge, there was evidence that might have been available that would have dispelled the judge’s concerns about obtaining permission from the Pakistan authorities, in the form of a list of countries said not to raise objections to the taking of live evidence from their territories. For that reason she regarded all the grounds as arguably demonstrating an error of law by the judge. There is a reply on behalf of the Secretary of State apparently acknowledging that the judge made an error in the application of Nare , but submitting that any continuing procedural problems derived from the appellant’s not seeking an adjournment to substantiate her position and persuade the judge of the propriety of taking the oral evidence, and that the judge’s treatment of the evidence that as a result was before him showed no error. 6. Before us, Mr Biggs made it clear that the only ground upon which he relied was that the judge’s decision not to permit the doctor to give oral evidence remotely from Pakistan was irrational. As the judge had placed substantial reliance on the lack of confirmation that Pakistan did not object to such a course, ‘the FCO’s position that there was no such objection was a material matter that FTT overlooked. The decision not to permit Dr Ishtiaq to give oral evidence was therefore irrational because it overlooked a material matter’. That is a quotation f rom para 4 of Mr Biggs’ written skeleton argument. It is not clear from that argument or from his oral submissions what his position is on the undoubted fact that, whether or not the matter was now conceded, the fact (if it be a fact) of Pakistan’s position appears to have been wholly outside the knowledge of the judge or either party. 7. Mr Biggs made passing reference in his skeleton argument to the recent decision of this Tribunal in