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PAA (FTT: Oral Decision – Written Reasons): UTIAC 10 Jan 2019

In accordance with rule 29(1) the First-tier Tribunal may give a decision orally at a hearing.
If it does so, that is the decision on the appeal, and the effect of Patel v SSHD [2015] EWCA Civ 1175 is that there is no power to revise or revoke the decision later. The requirement to give written reasons does not mean that reasons are required in order to perfect the decision.
If the written decision, when issued, is inconsistent with the oral decision, both decisions, being decisions of the Tribunal, stand until set aside by a court of competent jurisdiction; but neither party is entitled to enforce either decision until the matter has been sorted out on appeal.
In such a case, as in any other, time for appealing against the decision given at the hearing runs, under rule 33 (2) and (3), from the date of provision of the written reasons, however inappropriate the reasons may appear to be, subject to any successful application for extension of time.

Citations:

[2019] UKUT 13 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 01 February 2022; Ref: scu.633763

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