HU/11822/2017

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) HU/11822/2017


THE IMMIGRATION ACTS


Heard at Glasgow
Decision & Reasons Promulgated
On 25 January 2019
On 5 February 2019



Before

UPPER TRIBUNAL JUDGE MACLEMAN


Between

[H L]
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


For the Appellant: Mr D Katani, of Katani & Co, Solicitors
For the Respondent: Mrs M O'Brien, Senior Home Office Presenting Officer


DETERMINATION AND REASONS
1. The appellant appeals against the decision of FtT Judge Debra H Clapham, promulgated on 4 July 2019.
2. The FtT's decision at [34] refers to section 117B of the 2002 Act, and says that it "specifically states that consideration has to be given to whether it would be unduly harsh to expect the qualifying child to leave the UK".
3. The case involves two "qualifying" children, in terms of part 5A of the 2002 Act.
4. Section 117B(6) provides that in a case such as this, the public interest does not require removal "where ? it would not be reasonable to expect the child to leave the UK." It does not specify consideration of whether departure would be "unduly harsh".
5. The respondent conceded that the decision of the FtT errs on a point of law, and that considering the circumstances of the two children, it fell to be reversed.
6. The decision of the First-tier Tribunal is set aside, and the following decision is substituted: the appeal, as brought to the FtT, is allowed.
7. No anonymity direction has been requested or made.



25 January 2019
UT Judge Macleman