HU/14456/2018

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: HU/14456/2018


THE IMMIGRATION ACTS


Heard at Field House
Decision and Reasons Promulgated
On 5 June 2019
On 13 June 2019



Before

DEPUTY UPPER TRIBUNAL JUDGE JORDAN


Between

Mr BHUPINDER SINGH
(anonymity direction not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr B. Bellasa, instructed by Louis Kennedy, solicitors
For the Respondent: Mr T. Lindsay, Home Office Presenting Officer


DETERMINATION AND REASONS
1. Pursuant to the Rule 24 response of the Secretary of State dated 22 May 2019, I allow the appeal of the appellant and set aside the decision of the First-tier Tribunal Judge. I re-make the decision allowing the appellant's appeal against the decision of the Secretary of State.
2. The two children are British citizens. They do not hold Indian citizenship. This decision reflects the current understanding of s.117B(6) of the 2002 Act, as amended, and the decision of the Supreme Court in KO (Nigeria) and others v SSHD [2018] UKSC 53; [2019] Imm AR 400.
DECISION
(i) I allow the appellant's appeal and set aside the decision of the First-tier Tribunal.
(ii) I re-make the decision allowing the appellant's appeal against the decision of the Secretary of State made on 25 June 2018 refusing him leave to remain in the United Kingdom.


ANDREW JORDAN
DEPUTY UPPER TRIBUNAL JUDGE
Dated 5 June 2019