United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/42362/2013

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Determination Promulgated
On the papers	On 4th September 2014

 

 

Before

 

UPPER TRIBUNAL JUDGE REEDS

 

Between

 

the Secretary of State for the home department

Appellant

 

and

 

John Carl Maynard

Respondent

 

 

 

 

DETERMINATION AND REASONS

 

1.             This is the appeal of the Secretary of State against the decision of the First-tier Tribunal (Judge Hindson) of the determination promulgated on 4^th March 2014 who allowed the appeal of Mr Maynard against the decision of the Respondent to refuse to grant leave to remain in the United Kingdom on the grounds of family and private life.

2.             Whilst this is an appeal by the Secretary of State, for convenience I will refer to the parties in the determination as they appeared before the First-tier Tribunal.

3.             In a determination promulgated on the 26^th June 2014, I found that the decision of the First-tier Tribunal should be set aside and gave my reasons for reaching that conclusion. As to the re-making of the decision and in respect of the circumstances of the Appellant who was involved in court proceedings relating to his child, I considered that the appropriate decision was for there to be a period of discretionary leave of a length sufficient for that to take place. It would then be open to the appellant to make a further application before the expiry of that leave. At the conclusion of the determination I said this:

“As I have said, that is my preliminary view as to remaking the decision in those terms. However, if either party disagrees with that approach, then I make the following direction: that within fourteen days of the service of this determination, the parties are to write to the Tribunal to indicate whether they seek a further hearing. If nothing further is heard from either party I shall re-make the decision in accordance with the contents of the determination.”

4.             There has been no further correspondence form either party to the proceedings and therefore I re-make the decision in the terms set out above; the decision of the First-tier Tribunal is set aside and is re-made by allowing the appeal on the basis that it is understood that he should be given a period of leave in order to continue his involvement in the court proceedings relating to contact to his child.

Decision:

The decision of the First-tier Tribunal discloses the making of an error of law. The decision is set aside. The decision is re-made; the appeal is allowed in accordance with the preceding paragraphs.

 

 

 

Signed Date: 1/9/2014

 

 

Upper Tribunal Judge Reeds