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

 

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/17142/2015

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
Determined on the papers on 13 June 2017.	On 14 June 2017

Before

 

UPPER TRIBUNAL JUDGE MCGEACHY

 

 

Between

 

the Secretary of State for the Home Department

Appellant

and

 

TAMINA Rasul

(ANONYMITY DIRECTION NOT MADE)

Respondent

 

 

DECISION AND REASONS

 

1. The Secretary of State appeals in this case against a determination of designated Judge of the First-tier Tribunal Garratt who in a determination promulgated on 17 Mach 2016 allowed the appellant's appeal against the refusal of leave to remain on the basis that she was a British citizen.

 

2. It is accepted by the respondent in a letter from her solicitors dated 7 June 2017 that that decision was wrong. The appellant's solicitors are correct in their analysis of the law. And correct to follow the judgment of the Judge in the Hight Court who considered the appellant's sister's appeal. I therefore set aside the decision of the First-tier Judge.

 

3. I am requested to remit the appeal for a hearing afresh in the First-tier. That is the appropriate course of action as the guidance in the Senior President of tribunal's Practice Directions are met. I therefore remit the appeal for a hearing afresh in the First-tier.

 

Decision

 

1. The decision of the Judge in the First-tier is set aside.

 

2. The appeal will proceed to a hearing afresh in the First-tier at Bennett House, Stoke.

 

 

Signed Date: 13 June 2017

 

Upper Tribunal Judge McGeachy.