Tribunal decisions

The decision

IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER

Case No: UI-2022-003447

On appeal from: HU/03578/2020

THE IMMIGRATION ACTS

Decision & Reasons Promulgated
On 23 February 2023

Before

UPPER TRIBUNAL JUDGE gleeson
deputy Upper Tribunal judge metzer

Between

Mohammed UZZAL SHAKE
Appellant
and

the Secretary of State for the Home Department
Respondent

Representation:
For the Appellant: Mr Greg O’Ceallaigh Coleman of Counsel, instructed by Zyba Law
For the Respondent: Mr Stephen Walker, a Senior Home Office Presenting Officer

Heard at Field House on 20 January 2023

DECISION OF THE UPPER TRIBUNAL

PURSUANT TO RULE 40(3)(a) OF
THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008
1. The respondent appeals with permission from the decision of the First-tier Tribunal, First-tier Tribunal Wood, allowing the appellant’s appeal against the respondent’s decision made on 20 February 2020 to refuse his application for permission to remain the basis of ten years’ residence and on his private life in the UK made under paragraphs 322 (2) and 322 (5) and under paragraphs 276B of the Immigration Rules. The respondent maintained that that the appellant, a citizen of Bangladesh, had knowingly been engaged in fraud relating to the Educational Testing Service.
2. It is common ground that the First-tier Tribunal did materially err in law in failing to give adequate reasons for finding that the appellant, , did not commit fraud and both parties agree that this is a case where the decision of the First-tier Tribunal must be set aside and remade.
3. We are satisfied that the decision of the First-tier Tribunal can properly be set aside without a reasoned decision notice.
Decision
4. We set aside the decision of the First-tier Tribunal, with no findings of fact or credibility preserved and remit the decision to the First-Tier Tribunal.

Anthony Metzer KC
Date 23 January 2023
Deputy Upper Tribunal Judge Metzer