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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU /14456/2018

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision and Reasons Promulgated
On 5 June 2019	On 13 June 2019

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE JORDAN

 

 

Between

 

Mr BHUPINDER SINGH

(anonymity direction not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr B. Bellasa, instructed by Louis Kennedy, solicitors

For the Respondent: Mr T. Lindsay, Home Office Presenting Officer

 

 

DETERMINATION AND REASONS

1.              Pursuant to the Rule 24 response of the Secretary of State dated 22 May 2019, I allow the appeal of the appellant and set aside the decision of the First-tier Tribunal Judge. I re-make the decision allowing the appellant's appeal against the decision of the Secretary of State.

2.              The two children are British citizens. They do not hold Indian citizenship. This decision reflects the current understanding of s.117B(6) of the 2002 Act, as amended, and the decision of the Supreme Court in KO (Nigeria) and others v SSHD [2018] UKSC 53; [2019] Imm AR 400.

DECISION

(i)             I allow the appellant's appeal and set aside the decision of the First-tier Tribunal.

(ii)          I re-make the decision allowing the appellant's appeal against the decision of the Secretary of State made on 25 June 2018 refusing him leave to remain in the United Kingdom.

 

 

ANDREW JORDAN

DEPUTY UPPER TRIBUNAL JUDGE

Dated 5 June 2019