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Longstanding and experienced member Mr Erum Waheed won two notable cases in the Upper Tribunal recently.
The first , heard in December but with the decision promulgated in January concerned a determination of the First Tier Tribunal itself promulgated 5 1/2 months after the hearing. The First Tier Tribunal had dismissed the Appellant’s appeal. Mr Waheed obtained permission to appeal that decision and before the Upper Tribunal , he established that the delay vitiated the assessment of the oral evidence given by the sole live witness in the matter. This enabled the Upper Tribunal to determine that the decision of the First Tier Tribunal was unsustainable and the appeal was allowed and remitted back to the lower tribunal for a re-hearing with none of the previous findings preserved.
A transcript of the determination of the Upper Tribunal determination appears here: https://www.bailii.org/uk/cases/UKAITUR/2024/UI2023004956.html
Mr Waheed also had another success heard in January and determined in February reversing a determination of the First Tier Tribunal that had dismissed the appeal of a Chinese victim of human trafficking.
Mr Waheed obtained permission to appeal the lower tribunal’s determination to the Upper Tribunal. Having established material legal and factual misdirections by the First Tier Tribunal, Mr Waheed proved the Appellant’s case before the Upper Tribunal. This included demonstrating that the Appellant had no sufficiency of protection nor internal relocation alternative from those whom she feared.
A transcript of the determination of the Upper Tribunal determination appears here: https://www.bailii.org/uk/cases/UKAITUR/2024/UI2023002844.html
If you wish to instruct Mr Erum Waheed, then please email the clerks on clerks@12oldsquare.com or call 0207 404 0875 to find out more information.
