HU/24309/2016

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: HU/24309/2016


THE IMMIGRATION ACTS


Decision made on the papers
at Field House
Decision & Reasons Promulgated
On 11 July 2019
On 25 July 2019



Before

UPPER TRIBUNAL JUDGE CRAIG


Between

MS KA WAI MA
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REASONS
1. For the reasons given below, it is not necessary to have an oral hearing of this appeal.
2. The Appellant has appealed, with permission, against the decision of First-tier Tribunal Judge Brookfield, promulgated on 31 October 2018, in which the judge had dismissed the appellant's appeal against the Respondent's decision refusing to grant her indefinite leave to remain
3. Following a hearing before UTJ Hanson sitting at Bradford on 8 April 2019, Judge Hanson found that there had been an error of law in the First-tier Tribunal's decision and the appeal has been listed for a resumed hearing before him on 16 July 2019.
4. On 9 July 2019, the respondent wrote to the Tribunal in the following terms:
"Upper Tribunal hearing scheduled for 16 July 2019 at Bradford Hearing Centre
Following representations made by the appellant's representative, the respondent is writing to confirm that there is no objection to the Upper Tribunal allowing the appellant's case on human rights grounds on the basis that she has now accrued the necessary 10 years' residence under the immigration rules, without the need for a further hearing".
5. In these circumstances, there is no need for a further hearing and the tribunal now will make a decision allowing the appellant's appeal.

Decision
The decision of the first tier tribunal is set aside as containing a material error of law and the following decision is substituted:
The appellant's appeal is allowed, on human rights grounds.



Signed:


Upper Tribunal Judge Craig Date: 11 July 2019