HU/17916/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: HU/17916/2016


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 26th February 2018

On 16th March 2018


Before

Upper Tribunal Judge Chalkley


Between

BALWINDER SINGH
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr D Balroop of Counsel instructed by AWS Solicitors
For the Respondent: Ms A Fijiwala, Home Office Presenting Officer


DECISION AND REASONS

1. The appellant is a citizen of India born on 26th April 1991, who was granted leave to remain as the spouse of a British national from 29th January 2014 to 29th July 2016. On 11th July 2016, he made application for leave to remain as the spouse of a British citizen. That application was refused. It was refused because in a previous application he submitted an English language certificate from Educational Testing Service which was subsequently cancelled by ETS as a result of the fraudulent use of a proxy test taker. The Secretary of State also believed that there were no exceptional circumstances which would permit her to allow the grant of leave to remain on the basis of a human rights claim outside the Immigration Rules.

2. The appellant appealed the decision of the Secretary of State and the appeal came for hearing before Judge Gribble on 3rd August 2017, at the First-tier Tribunal in Sheldon Court, Birmingham. She allowed the appellant's appeal under Article 8. The respondent challenged the decision and leave to appeal was subsequently granted by Upper Tribunal Judge Allan.

3. At the hearing before me today I was told that the Secretary of State accepts that there is no error of law in the determination of Judge Gribble. As a result the determination of Judge Gribble shall stand. The appellant's appeal is allowed.

Richard Chalkley
Upper Tribunal Judge Chalkley




TO THE RESPONDENT
FEE AWARD

I order that the fees paid shall be repaid to the Appellant.

Richard Chalkley
Upper Tribunal Judge Chalkley

Dated 14 March 2018