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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU/02194/2018

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision & Reasons Promulgated
On 26 th February 2019	On 12 th March 2019

Before

 

Upper Tribunal Judge Chalkley

 

 

Between

 

Shanice [M]

(ANONYMITY DIRECTION not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr A Kanu, a representative trading as League For Human Rights

For the Respondent: Mr Lindsay, a Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1. The appellant is a citizen of Jamaica born on 22 ^nd July 2000. She sought entry clearance as a child for settlement in the United Kingdom by application made on 25 ^th July 2017 when she was 17 years of age. The respondent refused her application on 13 ^th October 2017 and the appellant appealed. Her appeal was heard by First-tier Tribunal Judge Freer at Taylor House on 7 ^th December 2018.

 

2. The judge found that the appellant's father had sole responsibility for the appellant but dismissed the appeal on the basis that the appellant's father had a current Jamaican passport which did not show that he was a settled person in the United Kingdom.

 

3. This morning Mr Lindsay on behalf of the Secretary of State has confirmed that the appellant's father is a settled person in the United Kingdom. Despite my asking him why the respondent should not allow the appeal, he told me that the respondent was not satisfied that the appellant's father had sole responsibility for the appellant. I pointed out to him that the judge found otherwise and that finding was not challenged.

 

4. As a result, I am satisfied that the decision of First-tier Tribunal Judge Ian Freer did contain an error of law and I set aside that decision. The judge was satisfied as to the question of sole responsibility and I am satisfied, on the basis of representations made to me and confirmed by the Home Office Presenting Officer that the appellant's father has indefinite leave to remain in the United Kingdom.

 

Notice of Decision

 

5. This appeal is allowed.

 

 

Richard Chalkley

Upper Tribunal Judge Chalkley

 

 

 

 

TO THE RESPONDENT

FEE AWARD

 

As I have allowed the appeal and because a fee has been paid or is payable, I have considered making a fee award and have decided to to make a fee award of any fee which has been paid or may be payable (adjusted where full award not justified) for the following reason. The appeal is allowed.

 

 

Richard Chalkley

Upper Tribunal Judge Chalkley dated 07 March 2019