Case No. UKUT-00233-(IAC)

54. Paragraphs 11 – 13 of the Guidance Note set out steps that could be taken to decide whether to determine an error of law appeal without a hearing. First , the Note stated the judge should form a provisional view on whether a no-hearing determination might be appropriate. Second , if the provisional view was that it might, the judge should give directions to the parties. Paragraphs 12 and 13 read as follows: “12. Where the judge reaches that provisional view, he or she will give directions to the parties, including a direction to the party who has been given permission to appeal to make further submissions on the error of law and set aside issues; a direction for the other party to f‌ile and serve any submissions in response; and (where there is such a response), directions to the appellant to f‌ile and serve a reply. “13. The process just described will include a direction to enable the parties, within a stated time, to express their respective views, if any, on whether there should be a hearing to decide the questions in paragraph 11(a) and (b) above, giving reasons for any such views. The judge will have regard to any such views, pursuant to rule 34(2).” These paragraphs ensured that any decision to determine an error of law appeal without a hearing met the requirement at rule 34(2) to have regard to the views of the parties. 55. In all the applications before us the Tribunal adopted the procedure sketched in the Guidance Note. By way of example, Judge Kekic gave the following directions on 9 June 2020 in the appeal of FMR (Iraq) (PA/09206/2019) (underlining and bold type as in the original) “1. I have reviewed the file in this case. In the light of the present need to take precautions against the spread of COVID-19, and the overriding objective expressed in the Procedure Rules, I have reached the provisional view that it would in this case be appropriate to determine the following questions without a hearing: (a) Whether the making of the First-tier Tribunal’s decision involved the making of an error of law, and, if so (b) Whether that decision should be set aside. 2. I therefore make the following DIRECTIONS: (i) The party who sought permission to appeal must submit further submissions in support of the assertion of an error of law, and on the question whether the First-tier Tribunal’s decision should be set aside if error of law is to be found to be filed and served on all other parties no later than 14 days after this notice is sent out (the date of sending is on the covering letter or covering email); (ii) Any other party must file and serve submissions in response, no later than 21 one days after this notice is sent out ; (iii) If submissions are made in accordance with paragraph (ii) above the party who sought permission to appeal must file and serve a reply no later than 28 days after this notice is sent out . (iv) All submissions that rely on any document not previously provided to all parties