Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: hu/13447/2016
HU/13452/2016
HU/13457/2016
HU/13464/2016

THE IMMIGRATION ACTS

Heard at Field House
Decision & Reasons Promulgated
On 19th October 2018
On 8th November 2018

Before

DEPUTY UPPER TRIBUNAL JUDGE ESHUN

Between

SABEER [P]
BIBI [B]
[S P]
[S I P]
(ANONYMITY DIRECTION NOT MADE)
Appellants
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellants: Miss D Ofei-Kwatia
For the Respondent: Ms Z Kiss, HOPO

DECISION AND REASONS

1. The appellants are citizens of Mauritius. The first appellant is the husband of the second appellant, who are the parents of the third and fourth appellants.

2. Their appeal against the refusal of the respondent to grant them leave to remain under Appendix FM of the Immigration Rules and under Article 8 of the ECHR was dismissed by First-tier Tribunal Judge E B Grant for the reasons set out in her decision promulgated on 24 November 2017.

3. The appellants were granted permission to appeal the judge's decision by Deputy Upper Tribunal Judge Storey on 4 September 2018 in the following terms:

"Whilst it is clear from the judge's focus on whether removal of the third appellant would be 'catastrophic' that she considered the guidance given in MA (Pakistan) and the observations made therein at [102] and whilst I would reject the contention that the third appellant is entitled to succeed simply by virtue of having more than 7 years residence and being autistic (clearly autism is a spectrum disorder and any assessment of reasonableness must be fact-specific), it is arguable that the judge failed to recognise that the essential test was not whether removal would be catastrophic but whether there were 'powerful reasons' why a child in this situation should be removed."

4. On 17 October 2018 Ms Kiss, Senior Presenting Officer and at the Specialist Appeal Team of the Home Office wrote to the Upper Tribunal informing the Upper Tribunal that careful consideration of the decision of First-tier Tribunal Judge Grant's decision regarding the [P] family's Article 8 claim did reveal a material error of law as highlighted by Upper Tribunal Judge Storey in his notice of decision of 4 September 2018.

5. She added that the very particular cumulative current circumstances of the two [P] children indeed indicated a lack of powerful reasons for their removal; the Upper Tribunal was therefore respectfully invited to allow the Article 8 appeal of the [P] family outside the Immigration Rules.

6. In the light of the letter from Ms Kiss, I found that the judge's decision dismissing the appellants' appeals could not stand. I set it aside and remake the decision.

7. For the reasons set out in Ms Kiss' letter, I allow the appeal of the [P] family under Article 8 of the ECHR.

No anonymity direction is made.

Signed Date: 1 November 2018

Deputy Upper Tribunal Judge Eshun