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

IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER	Case No: UI- 2021-000227 First-tier Tribunal No: HU/50074/2020 IA/00768/2020

 

THE IMMIGRATION ACTS

 

Decision & Reasons Issued

On the 26 June 2023

 

Before

 

UPPER TRIBUNAL JUDGE PERKINS

 

Between

 

Hakeem Kolawole Olugbenga Azeez

(NO ANONYMITY ORDER MADE)

Appellant

and

 

The Secretary of State for the Home Department

 

Respondent

 

Representation :

For the Appellant: Ms M Chowdhury, Counsel instructed by Daniel Aramide, Solicitors

For the Respondent: Mr S Walker, Senior Home Office Presenting Officer

 

Heard at Field House on 9 February 2023

DECISION AND REASONS

(Extempore)

1.               This is an appeal by a citizen of Nigeria against the decision of the First-tier Tribunal dismissing his appeal against the decision of the Secretary of State on 2 July 2020 refusing him leave to remain on human rights grounds. The appeal has been determined unsatisfactorily and the decision of the First-tier Tribunal has been set aside. The case is listed before me for redetermination.

2.               A new issue has been raised with the consent of the Secretary of State before the hearing today, namely that the appellant has lived in the United Kingdom continuously for slightly in excess of twenty years, which in broad terms gives him a right to remain.

3.               Mr Walker, for the Secretary of State, said that he is satisfied on the evidence that the appellant has lived in the United Kingdom for over twenty years and although in the past some concerns have been raised which we need not go into now, they have been overshadowed by the length of his stay and his being in a committed relationship. He is entitled to remain on the basis of twenty years.

4.               That being so, then clearly the proportionality exercise under Article 8 must be exercised in his favour so that he is allowed to remain.

5.               It follows therefore that I allow the appeal of the appellant on all grounds.

Notice of Decision

6.               The appeal is allowed.

 

Jonathan Perkins

Judge of the Upper Tribunal

Immigration and Asylum Chamber

22 June 2023