AA/07615/2013

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal no: AA 07615-13

THE IMMIGRATION ACTS

At 
Decision signed: 17.01.2014
on 17.01.2014
sent out: 20.01.2014

Before:
Upper Tribunal Judge
John FREEMAN

Between:
Naeem SHAHZAD
appellant
and



respondent
Representation:

For the appellant: Daniel Coleman (counsel instructed by Dent Abrams)
For the respondent: Mr Nigel Bramble


DETERMINATION AND REASONS
This is an appeal, by the , against the decision of the First-tier Tribunal (Judge Anne-Marie Tootell), sitting at Hatton Cross on 11 September 2013, to  an appeal by a citizen of Pakistan, born 6 December 1984, to the extent of directing the Home Office to reconsider his application under the 'legacy' policy.
2. Permission to appeal was given on the basis that AZ (Asylum- legacy cases) Afghanistan [2013] UKUT 270 (IAC) should have led the judge to a different result. Both sides should have referred her to this decision, but apparently neither did. However, Mr Bramble conceded before me that, even if the judge had been referred to it, she would have been entitled to distinguish it, on the basis that the decision under appeal in this case was not a fresh immigration decision, but one under the 'legacy' policy, which in her view had not been properly considered. So he withdrew the Home Office appeal, and the judge's decision stands.
Home Office appeal withdrawn

(a judge of the Upper Tribunal)