Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: AA/08243/2014
AA/08245/2014
AA/08246/2014
AA/08244/2014

THE IMMIGRATION ACTS

Heard at: Manchester
Decision and Reasons Promulgated
On: 14th October 2015
On: 27th November 2015

Before

UPPER TRIBUNAL JUDGE BRUCE

Between

SR
AK
MK
1st, 2nd and 3rd Appellants
Master A
(anonymity direction made)
4th Appellant
and

Secretary of State for the Home Department
Respondent

Representation:
For the 1st, 2nd and 3rd Appellants: Mr Halligan, Counsel instructed by Malik & Malik Solicitors
For the 4th Appellant: Mr Wood, Rochdale Law Centre
For the Respondent: Mr Harrison, Senior Home Office Presenting Officer

NOTICE
1. The Appellants are all nationals of Pakistan. The first Appellant SR is the mother of the remaining Appellants who are all minors.
2. Their linked appeals against decisions to remove them from the United Kingdom were dismissed by the First-tier Tribunal on the 8th December 2014. In a written decision dated 27th March 2015 I set aside the findings of the First-tier Tribunal in respect of Article 8. The findings on the asylum grounds advanced by SR, with her children as dependents, were expressly preserved.
3. Subsequent to that decision the Respondent agreed to review all four cases, having particular regard to the fact that Master A is now in the care of Rochdale Social Services and that his mother and siblings continue to have contact with him. At the hearing on the 14th October 2015 Mr Harrison informed the Tribunal and the parties that on the 9th October 2015 a decision had been made to grant all four Appellants Discretionary Leave until the 9th January 2017, that being Master A's birthday. Written confirmation that this is so has now been provided, by way of letter dated 9th October 2015.
4. Mr Wood and Mr Halligan indicated their agreement that there was before me no residual protection-based claim. There was new material, namely disclosures made by Master A to Rochdale Social Services which may have resulted in a different outcome had it been made available to the First-tier Tribunal; that could not however show there to have been an error of law in the decision of Judge Birkby. If the Appellants wish to rely on that evidence in support of a fresh claim, that is a matter for them.
5. The Appellants have all been granted limited leave to remain in the United Kingdom. Pursuant to s104 (4A) of the Nationality, Immigration and Asylum Act 2002 these appeals are therefore deemed abandoned.

Upper Tribunal Judge Bruce

17th October 2015