IA/10691/2013 & ors

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The decision



Upper Tribunal
(Immigration and Asylum Chamber)
Appeals Numbers: IA/10691/2013
IA/10695/2013
IA/10707/2013
IA/10716/2013


THE IMMIGRATION ACTS


Determined at Field House
Date sent: 19 September 2013
On 17 September 2013



Before

UPPER TRIBUNAL JUDGE MCGEACHY

Between


Yogendra Babu Sharma
Ranjan sharma
paridi Sharma
Adwet sharma
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DETERMINATION



1. On 19 August 2013 I considered an application for permission to appeal to the Upper Tribunal. I found that the Judge in the First-tier had made no arguable error of law in his determination when he had considered the merits of the appellant's claims but that it was arguable that he should have allowed the appeal against the decision of the respondent to issue removal directions under section 47 of the Immigration, Nationality and Asylum Act 2006.

2. I directed that unless I received submissions to the contrary within 14 days I would substitute for the decision of the judge dismissing the appeal a decision to dismiss the immigration appeal and a decision to allow the appeal against the decision to remove under Section 47. The respondent has replied stating that my decision is not challenged. There has been no reply from the appellants. I therefore now make the following decision:


Decision

This appeal under Tier 4 of the Rules and on human rights grounds is dismissed.
The appeal against the decision to remove under Section 47 is allowed.





Signed Date: 17 September 2013


Upper Tribunal Judge McGeachy