IA/14684/2013

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/14684/2013


THE IMMIGRATION ACTS


Decision made at Field House
Decision promulgated
On 27th November 2013
On 9th December 2013

By

Upper Tribunal Judge Coker

Between

B KALIYAMURTHY
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

DETERMINATION AND REASONS

1. On 21st October 2013 I granted the application for permission to appeal on the grounds that the decision of the First-tier Tribunal judge was arguably in error as regards failing to consider the decision of the respondent under s47 Immigration Asylum and Nationality Act 2006 and made the following directions:

1. Any response which the respondent to this appeal wishes to make under rule 24 of the Tribunal Procedure (Upper Tribunal) Rules 2008 must be sent or delivered to the Upper Tribunal so that it is received no later than 14 days after the respondent was sent notice that permission to appeal had been granted. At the same time, a copy of the response must be sent to the appellant.

2. Unless either party objects in writing within 21 days of the date of the sending out of these directions, the Tribunal will determine that the First-tier Tribunal judge erred in law in failing to determine the appellant's appeal against the decision to remove him from the UK in accordance with s47 and will allow the appeal to the extent that it is not in accordance with the law.

2. The only response to those directions has been from the respondent's representatives stating they do not oppose the appeal, limited as it is to s47, and agreeing to the matter proceeding administratively. Therefore I shall proceed as indicated.

3. The First-tier Tribunal Judge made an error of law such as to require that the decision made be set aside and remade. I remake the decision allowing the appeal against the decision to remove the appellant in accordance with s47 as being not in accordance with the law.

Conclusion

The First-tier Tribunal judge made an error of law as regards the decision to remove the appellant in accordance with s47 and I set the decision aside.

I remake that element of the decision such that the decision of the respondent was not in accordance with the law. The decision of the First-tier Tribunal judge stands as regard the refusal to grant leave to remain under the Immigration Rules.


Upper Tribunal Judge Coker

Date 27th November 2013