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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/39648/2014

 

 

THE IMMIGRATION ACTS

Upper Tribunal Bradford	Decision Promulgated
On 23 August 2015	On 26 August 2015

 

Before

 

UPPER TRIBUNAL JUDGE CLIVE LANE

 

 

Between

 

SUKHWANT SINGH

Appellant

and

 

Secretary of State for the Home Department

Respondent

 

DECISION AND REASONS

1.              The first appellant is a citizen of India. I made directions in the following terms on 4 August 2015:

1.              It is arguable that the exercise of discretion to grant indefinite leave to remain in this instance lay with the respondent and not the First-tier Tribunal judge.

Directions

2.              I propose to set aside the First-tier Tribunal determination and to remake the decision allowing the appellant's appeal to the limited extent that the matter is remitted to the Secretary of State for her to consider whether to grant the appellant indefinite leave to remain. If either party objects to that course of action, they must notify the Upper Tribunal in writing no later than 1600 hours on 21 August 2015.

2 . I have received no response from either party.

NOTICE OF DECISION

The First-tier Tribunal decision is set aside. I have remade the decision. I allow the appellant's appeal to the limited extent that the matter is remitted to the Secretary of State for her to consider whether to grant the appellant indefinite leave to remain.

 

 

Signed

Upper Tribunal Judge CLIVE LANE

 

23 August 2015