IA/15393/2012

• Status of case: Unreported
• Promulgation date: 19 Jun 2013
• Last updated on: 26 Nov 2013

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/15393/2012

THE IMMIGRATION ACTS

Heard at Manchester
Determination Promulgated
On 12 June 2013
On 19 June 2013



Before

UPPER TRIBUNAL JUDGE RINTOUL


Between
TUNDE BRAIMAH
(no ANONYMITY ORDER MADE)

Appellant


and



SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: Mr G McIndoe, Legal Representative
For the Respondent: Ms Johnstone, Senior Home Office Presenting Officer

DETERMINATION AND ORDER PURSUANT TO RULES 17 & 39

1 The appellant appeals with permission against the determination of First-tier Tribunal Judge Glossop promulgated on 10 September 2012 concluding that there had been a failure to comply with Rule 8(1) (c) of the First-tier Tribunal’s Procedural rules, and dismissing the appeal.


2 When the matter came before me, it was explained that the respondent had agreed to reconsider the appellant’s application on the basis that at the time of its initial submission, the correct fee had been paid. The parties have now consented to the matter being disposed of under Rule 39, referring me to and order signed on behalf of the Appellant and the Respondent which provides that it is now agreed between the parties that the matter should be concluded by consent on the basis that:

a. That the applications for further leave to remain in the Tier 1 General / dependant categories received by the respondent on 27 April 2012 are accepted to have been valid
b. That those applications remain undecided by the respondent
c. That the outstanding appeals before the Tribunal are hereby withdrawn by the appellants
d. That Mr Braimah and his dependants’ leave to remain is currently being extended by section 3C Immigration Act 1971 as amended
e. That the respondent will agree to accept varied applications accompanied by the appropriate fees within 14 days of this determination as follows:
i. For indefinite leave to remain on the grounds of long residence from the first applicant
ii. For further leave to remain as the partner and child of a person with indefinite leave to remain in respect of the second and third applicants

3 In all the circumstances, I agree to this proposal. I am satisfied that the decision involved an error of law, and I set it aside. It is now, however, in light of the fact that the appeals are to be withdrawn, pursuant to rule 17 and to which I consent, to remake the determination.


4 This disposes of the proceedings before the Upper Tribunal.



Signed: Date: 14 June 2013


J K H Rintoul
Upper Tribunal Judge

ANNEX

It is agreed between the parties as follows:
f. That the applications for further leave to remain in the Tier 1 General / dependant categories received by the respondent on 27 April 2012 are accepted to have been valid
g. That those applications remain undecided by the respondent
h. That the outstanding appeals before the Tribunal are hereby withdrawn by the appellants
i. That Mr Braimah and his dependants’ leave to remain is currently being extended by section 3C Immigration Act 1971 as amended
j. That the respondent will agree to accept varied applications accompanied by the appropriate fees within 14 days of this determination as follows:
i. For indefinite leave to remain on the grounds of long residence from the first applicant
ii. For further leave to remain as the partner and child of a person with indefinite leave to remain in respect of the second and third applicants