HU/00755/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: HU/00755/2015


THE IMMIGRATION ACTS


Heard at Manchester
Decision & Reasons Promulgated
On 4th November 2016
On 9th November 2016



Before

UPPER TRIBUNAL JUDGE MARTIN


Between

secretary of State for the Home Department
Appellant
And

MR OLUKAYODE OLALEKAN OLUSANYA
(Anonymity Direction Not Made)
Respondent


Representation:
For the Appellant: Mr G Harrison (Senior Home Office Presenting Officer)
For the Respondent: Mr Greer (instructed by Quality Solicitors Jackson Canter)


DECISION AND REASONS
1. This appeal to the Upper Tribunal by the Secretary of State first came before Upper Tribunal Judge Coker sitting at Manchester on 6 October 2016.
2. It was an appeal by the Secretary of State against a decision of the First-tier Tribunal (Judge Gladstone) who had allowed the Appellant's appeal on human rights grounds on 7 January 2016.
3. The appeal arose as a result of a decision taken by the Secretary of State on 22 December 2014 to deport the Mr Olusanya and to refuse his human rights claim. His human rights claim was certified under section 94B of the Immigration and Asylum Act 2002. The deportation order was signed on 15 January 2015 and he was deported on 26 May 2015.
4. Judge Coker found that the First-tier Tribunal Judge had made a material error of law and set the decision aside retaining some factual findings. She adjourned the matter at that stage to be listed for a resumed hearing before an Upper Tribunal Judge.
5. Thus the matter came before me.
6. Unfortunately, what had not been noticed by the First-tier Tribunal or previously by the Upper Tribunal is that this is a case where the deportation decision was made in the window of time which deprived the Appellant of a right of appeal.
7. The case of Nkomo (Deportation: 2014 rights of appeal) [2016] UKUT 285 (IAC) confirms that a person against whom a deportation decision was made in the period 10 November 2014 - 5 April 2015 may have no right of appeal if the decisions actually made carry rights of appeal only under the new appeals provisions. The decision in this case having been made on 22 December 2014, within that period means that this Appellant has no right of appeal.
8. Accordingly the appeal by the Secretary of State to the Upper Tribunal is allowed and in re-deciding the appeal the Appellant's original appeal against Secretary of State's decision is dismissed for want of jurisdiction.
9. There has been no application for an anonymity order and I see no justification for making one.


Signed Date 8th November 2016

Upper Tribunal Judge Martin