PAA v SSHD [2019] UKUT 13 (IAC)

Oral tribunal decision The UT's summary of this judgment is as follows: "(1) In accordance with rule 29(1) the First-tier Tribunal may give a decision orally at a hearing. (2) 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. (3) 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. (4) 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." Rule 41(1) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 is the same as rule 29(1) of the immigration and asylum rules cited above.

CASES DATABASE

Full judgment: BAILII!

Subject(s):

Date: 10/1/19🔍

Court: Upper Tribunal (Immigration and Asylum Chamber)🔍

Judge(s):

Parties:

  • PAA🔍
  • Secretary of State for the Home Department🔍

Citation number(s):

What links here:

Published: 26/7/19

Cached: 2019-09-22 22:18:08