UTIAC (1) Where there is a defect or impropriety of a procedural nature in the proceedings at first instance, this may amount to a material error of law requiring the decision of the First-Tier Tribunal (the ‘FtT’) to be set aside.
(2) A successful appeal is not dependent on the demonstration of some failing on the part of the FtT. Thus an error of law may be found to have occurred in circumstances where some material evidence, through no fault of the FtT, was not considered, with resulting unfairness (E and R v Secretary of State for the Home Department [2004] EWCA Civ 49).
Southern UTJ
[2014] UKUT 105 (IAC)
Bailii
England and Wales
Immigration
Updated: 02 December 2021; Ref: scu.523489