Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: HU/13005/2015

THE IMMIGRATION ACTS

Heard at City Centre Tower, Birmingham
Decision & Reasons Promulgated
On 9th January 2017
On 25th January 2017

Before

DEPUTY upper tribunal JUDGE RENTON

Between

malkit chand
(ANONYMITY DIRECTION not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:

For the Appellant: Mr L Singh of Kenneth Jones Solicitors
For the Respondent: Mr D Mills, Senior Home Office Presenting Officer

DECISION AND REASONS
Introduction
1. The Appellant is a female British Overseas Citizen (BOC) born on 29th June 1967. The Appellant first entered the UK in December 1967 as a dependant of her mother. She was subsequently issued a BOC passport on 4th April 2002, which was re-issued on 7th July 2014. On 10th February 2003 the Appellant was convicted of the offence of arson and sentenced to four years' imprisonment. As a consequence, a deportation order was made against the Appellant on 25th August 2015. The order was made on the basis that the Appellant was not a British citizen, and she had not produced the evidence to show that she had been resident in the UK on 1st January 1973 and for a continuous period of five years prior to the decision to deport her. The Respondent considered the Appellant's Article 8 ECHR human rights, but decided to deport the Appellant for the reasons given in the Respondent's Notice of Decision dated 25th August 2015. The Appellant appealed, and her appeal was heard by Judge of the First-tier Tribunal G Tobin (the Judge) sitting at Stoke-on-Trent on 3rd June 2016. He decided to allow the appeal under the Immigration Rules for the reasons given in his Decision dated 17th June 2016. The Respondent sought leave to appeal that decision and on 12th October 2016 such permission was granted.
Error of Law
2. I must first decide if the decision of the Judge contained an error on a point of law so that it should be set aside. Leave to appeal was not granted on any of the grounds given in the application for leave, but the Judge granting leave did so on the basis that there was a "Robinson obvious" point as to whether the Appellant had a right of appeal under Section 82 of the Nationality, Immigration and Asylum Act 2002.
3. At the hearing before me, Mr Mills helpfully informed the Tribunal that he could not argue the ground upon which leave had been granted. He could think of no reason why the Appellant did not have a right of appeal, particularly as the Respondent had made a human rights decision.
4. In the circumstances, I indicated to Mr Singh that I did not need to hear from him.
5. I find no error of law in the decision of the Judge. As Mr Mills explained, clearly the Appellant had a right of appeal under the 2002 Act. The decision of the Judge is therefore not set aside.

Notice of Decision

The making of the decision of the First-tier Tribunal did not involve the making of an error on a point of law.

I do not set aside that decision.

The appeal to the Upper Tribunal is dismissed.

Anonymity

The First-tier Tribunal did not make an order for anonymity. I was not asked to do so and indeed find no reason to do so.

Signed Date 25/01/2017

Deputy Upper Tribunal Judge Renton