HU/04041/2015

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: hu/04041/2015


THE IMMIGRATION ACTS


Heard at Birmingham
Decision & Reasons Promulgated
On 20 March 2018
On 20 April 2018



Before

UPPER TRIBUNAL JUDGE KOPIECZEK


Between

MANJIT [S]
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr S. Vokes, Counsel
For the Respondent: Ms D. Mills, Senior Home Office Presenting Officer


DECISION PURSUANT TO RULE 40(3)(a) OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008

1. The appellant is a citizen of India. He appealed to the First-tier Tribunal ("FtT) against a decision dated 29 June 2015 to refuse leave to remain as a partner (of a British Citizen), and his appeal was allowed.
2. After a hearing before me on 9 August 2017, I set aside the decision of the FtT for error of law and the appeal was listed for the re-making of the decision.
3. The appellant and his British Citizen partner now have a child, born on [ ] 2017. In the light of that fact, and the particular circumstances of this appeal, it was conceded on behalf of the respondent that the appeal should be allowed on Article 8 grounds, with reference to Appendix FM of the Immigration Rules, with specific reference to section EX.1, and on behalf of the appellant that course was agreed.
4. Accordingly, I allow the appeal on Article 8 grounds. Pursuant to rule 40(3)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008, no reasons (or further reasons) are required, the decision being made with the consent of the parties.





Upper Tribunal Judge Kopieczek 27/03/18