Tribunal decisions

The decision

IAC-FH-AR-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/17460/2015

THE IMMIGRATION ACTS

Heard at Field House
Decision sent to parties on
On 17 November 2016
On 20 December 2016

Before

UPPER TRIBUNAL JUDGE GLEESON

Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

mohammed saleh
(no anonymity order made)
Respondent

Representation:
For the Appellant: Mr E Tufan, a Senior Home Office Presenting Officer
For the Respondent: Mr T Shah, Counsel, instructed by Taj Solicitors

DECISION AND REASONS

1. The Secretary of State appeals with permission against the decision of the First-tier Tribunal, allowing the claimant's appeal against the Secretary of State's refusal to grant him leave to remain in the United Kingdom on long residence grounds pursuant to Appendix FM and paragraph 276ADE of the Immigration Rules HC395 (as amended), with reference to paragraph S-LTR 2.2, on the basis that the claimant failed to disclose an alias used by him in previous applications.
2. The suitability reasoning in the refusal letter is as follows:
"In refusing your application consideration has been given to your private life under Article 8 which from 9 July 2012 falls under paragraph 276ADE(i) of the Rules. The requirements of the Rules state that the applicant at the date of application -
(i) does not fall for refusal under any of the grounds in Section SLTR.1.2 - SLTR.2.3 and SLTR3.1 in Appendix FM. ... SLTR2.2 whether or not, to the applicant's knowledge:
(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application): or
(b) there has been a failure to disclose material facts in relation to the application as decided.
You have not disclosed an alias under which you have previously claimed asylum in the UK. As such it is considered that you have failed to disclose material facts in relation to your application and it is not accepted that you can meet the requirements of SLTR2.2. Consequently, you fail to meet the requirements of paragraph 276ADE(1)(i) of the Immigration Rules." [Emphasis added]
3. The 'alias' relied upon by the Secretary of State was Mohammed Randa Miah Saleh, as opposed to Mohammed Saleh. That is a shorter form of the same name. I am told by Mr Tufan that a different birthdate was recorded in the application using that longer version of the claimant's name.
4. At the First-tier Tribunal hearing, the Home Office Presenting Officer made no submissions on behalf of the Secretary of State, relying on the refusal letter. Furthermore, it does not appear that the Secretary of State produced the two previous determinations relied upon. The First-tier Tribunal (Taylor House hearing centre) allowed the appeal because the Judge was satisfied that the claimant had been living in the United Kingdom continuously since January 1995. He made no express finding on the alias issue or whether it was relevant to suitability under S-LTR 2.2.
5. The Secretary of State appealed the First-tier Tribunal decision, arguing that the Tribunal had made no findings on the S-LTR 2.2 suitability element in the refusal letter. That is correct. However, the longer version of Mr Saleh's name is not, on the face of it, properly capable of description as an alias. The Secretary of State does not dispute that in the two previous decisions, there was a finding of fact that the claimant had been in the United Kingdom for what was then 18 years and is now well over 20 years. Mr Tufan was unable to explain to me how the use of a longer version of the claimant's name, even with a different birth date, was material to the present application.
6. If, which I do not accept, there is any error of law in the First-tier Tribunal's decision it is not a material error and I dismiss the Secretary of State's appeal. The decision of the First-tier Tribunal stands.

Conclusions
The making of the decision of the First-tier Tribunal did not involve the making of an error on a point of law. I do not set aside the decision.

Signed: Judith A J C Gleeson Date: 2 December 2016
Upper Tribunal Judge Gleeson