IA/20046/2015

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The decision


IAC-AH-DP-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/20046/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 6 February 2017
On 15 February 2017




Before

DEPUTY UPPER TRIBUNAL JUDGE ESHUN

Between

THE Secretary of State FOR THE HOME DEPARTMENT
Appellant
and

MR JAKER HUSSAIN
(ANONYMITY DIRECTION NOT MADE)
Respondent


Representation:

For the Appellant: Mr P Armstrong, Home Office Presenting Officer
For the Respondent: Miss A Nizami, Counsel


DECISION ON ERROR OF LAW


1. The Secretary of State has been granted permission to appeal the decision of First-tier Tribunal Judge D Ross allowing the appeal of the respondent against the Secretary of State's refusal to grant him leave to remain in the United Kingdom on the basis of his family and private life.

2. There was an agreement by both parties that the judge's decision was incomplete. The judge failed to consider paragraph EX.1 and whether there were insurmountable obstacles to the relationship between the respondent and his wife continuing in Bangladesh.

3. I agreed that the judge's decision was incomplete. Accordingly, the judge's decision cannot stand.

4. The judge's findings at paragraph 9 are not challenged and will stand.

5. The appeal is remitted to Hatton Cross for re-hearing by a First-tier Tribunal Judge other than FtJ Ross.

No anonymity direction is made.



Signed Date: 13 February 2017

Deputy Upper Tribunal Judge Eshun