IA/10362/2015 & Ors.

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The decision


IAC-FH-CK-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: IA/10362/2015
IA/10364/2015
IA/10365/2015
IA/10369/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 29 November 2016
On 24 January 2017



Before

LORD MATTHEWS, SITTING AS AN UPPER TRIBUNAL JUDGE
DEPUTY UPPER TRIBUNAL JUDGE CHAMBERLAIN


Between

Ms Anne Iyabo Kayode Oyelohunu
[J K]
[A K]
[P K]
(ANONYMITY DIRECTION Not made)
Appellants
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellants: Miss D Adler, Counsel, instructed by The Cardinal Hume Centre
For the Respondent: Ms Z Ahmed, Home Office Presenting Officer


DECISION AND REASONS
1. This is the appeal of Ms Anne Iyabo Kayode Oyelohunu against a decision of First-tier Tribunal Judge M A Khan promulgated on 29 March 2016.
2. The appellant and her three children, who are also appellants, are citizens of Nigeria. The issue under appeal was the rightness or wrongness of the decision of the respondent refusing the appellants' applications under Article 8 of the European Convention on Human Rights for leave to remain in the UK.
3. It is conceded quite properly and fairly by the Home Office Presenting Officer, Ms Ahmed, that the decision contains an error of law. Put shortly, while the judge referred to part of paragraph 276ADE relating to the twenty year residence requirement in respect of the first appellant he said nothing about the position of children under 18 who have lived here for more than seven years. He has not referred to Section 117B(6) of the 2002 Act.
4. We agree with Miss Adler, Counsel for the appellants, and with Ms Ahmed that the decision cannot stand. Both Counsel invited us to remit the matter to the First-tier Tribunal in view of the fact that a full factual hearing will be required in this case. We agree that this is the proper course of action. We shall therefore allow the appeal and remit the matter to the First-tier Tribunal for a fresh decision.

Notice of Decision
The appeal against the decision of the First-tier Tribunal is allowed and the matter is remitted to that Tribunal for the decision to be remade.
No anonymity direction is made.



LORD MATTHEWS
Sitting as an Upper Tribunal Judge
(Immigration and Asylum Chamber)

Date: 24 January 2017