IA/01711/2013

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The decision


IAC-FH-NL-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/01711/2013


THE IMMIGRATION ACTS


Heard at Manchester
Determination Promulgated
On 8 October 2014
On 17 November 2014



Before

UPPER TRIBUNAL JUDGE DAWSON


Between

driton maliqi
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Mr Ficklin instructed by Mohammed & Co
For the Respondent: Mr G Harrison, Senior Presenting Officer


DISPOSAL OF PROCEEDINGS BY WAY OF CONSENT
1. On hearing from Counsel for the appellant and a Senior Presenting Officer for the respondent and by the consent of the parties
IT IS ORDERED THAT:
(1) The determination of the First-tier Tribunal dated 13 March 2013 (promulgated 18 March 2013) is set aside on the basis of the application of the post-9 July 2012 Immigration Rules by the Secretary of State for the Home Department in a decision dated 19 December 2013 was unlawful.
(2) By consent, the appellant's application for leave to remain outside the Immigration Rules dated 7 July 2012 remains outstanding with the Secretary of State for the Home Office.
(3) Further considerations will take place in accordance with the Immigration Rules and policy as they stood at the date of application with reference to Part 5A of the Immigration Act 2014.
2. Accordingly this brings to an end the proceedings in the Upper Tribunal.


Signed Date 13 November 2014



Upper Tribunal Judge Dawson