EA/02449/2021

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) UI-2021-000541
EA/02449/2021


THE IMMIGRATION ACTS


Heard at George House, Edinburgh
Decision & Reasons Promulgated
on 15 June 2022
on 1 August 2022



Before

UPPER TRIBUNAL JUDGE MACLEMAN


Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
And

JOAQUIN LOSADA GRISALES
Respondent


For the Appellant: Mr P Deller, Senior Home Office Presenting Officer, attending remotely
No appearance by or for the respondent


DETERMINATION AND REASONS
1. FtT Judge Roe allowed the respondent’s appeal (FtT reference EA/02449/2021, decision promulgated on 5 August 2021). On 4 October 2021 UT Judge Bruce granted the SSHD permission to appeal, in light of Akinsanya [2022] EWCA Civ 37. Procedure has been prolonged while the SSHD has been considering her position.
2. The SSHD published revised guidance on 13 June 2022. In that light, and under the circumstances of the case, Mr Deller explained that the SSHD does not seek to continue with her challenge.
3. The SSHD’s appeal to the UT is dismissed. The decision of the FtT stands.
4. No anonymity direction has been requested or made.



H Macleman

15 June 2022
UT Judge Macleman


NOTIFICATION OF APPEAL RIGHTS
1. A person seeking permission to appeal against this decision must make a written application to the Upper Tribunal. Any such application must be received by the Upper Tribunal within the appropriate period after this decision was sent to the person making the application. The appropriate period varies, as follows, according to the location of the individual and the way in which the Upper Tribunal’s decision was sent:
2. Where the person who appealed to the First-tier Tribunal is in the United Kingdom at the time that the application for permission to appeal is made, and is not in detention under the Immigration Acts, the appropriate period is 12 working days (10 working days, if the notice of decision is sent electronically).
3. Where the person making the application is in detention under the Immigration Acts, the appropriate period is 7 working days (5 working days, if the notice of decision is sent electronically).
4. Where the person who appealed to the First-tier Tribunal is outside the United Kingdom at the time that the application for permission to appeal is made, the appropriate period is 38 days (10 working days, if the notice of decision is sent electronically).
5. A “working day” means any day except a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday.
6. The date when the decision is “sent’ is that appearing on the covering letter or covering email.