IA/26041/2015

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/26041/2015

THE IMMIGRATION ACTS

Heard at Birmingham Employment Centre
Decision & Reasons Promulgated
On 14 March 2017
On 20 March 2017


Before

DEPUTY UPPER TRIBUNAL JUDGE McCARTHY

Between

SECRETARY OF STATE FOR the HOME DEPARTMENT
Appellant
and

SUKHWiNDER SINGH
(anonymity order NOT made)

Respondent
Representation:

For the Appellant: Mr M J Azmi, instructed by Kingswood Solicitors
For the Respondent: Mr D Mills, Senior Home Office Presenting Officer


DECISION AND REASONS

1. At the outset of the hearing, Mr Mills, on behalf of the appellant Secretary of State, conceded that irrespective of whether there were legal errors in the decision of First-tier Tribunal Frankish that was issued on 3 June 2016, given the accepted facts in this appeal, none of those errors could be material to the outcome.
2. The accepted facts include the finding that Mr Singh, now the respondent, had and has a genuine and subsisting parental relationship with a British citizen child. Mr Mills acknowledged that irrespective of the legal provisions that can be found in the immigration rules and s.117B of the Nationality, Immigration and Asylum Act 2002, the Secretary of State’s policy at the date of decision and appeal was simply that it would be unreasonable to expect a British citizen child to leave the UK. Thus, Mr Singh’s appeal to the First-tier Tribunal could only have been allowed. Although Mr Azmi did not concede there were legal errors in Judge Frankish’s decision and reasons statement, he acknowledged there was no point pursuing those matters in the face of Mr Mills’s concession regarding the inevitable outcome.
3. Although I accept there are legitimate concerns regarding parts of Judge Frankish’s decision and reasons statement in this appeal, given the agreed position taken by Mr Mills and Mr Azmi I need make no findings on them.

Decision regarding the appeal
The Secretary of State’s appeal to the Upper Tribunal is dismissed because any errors are not material to the outcome.
I uphold the decision of Judge Frankish allowing the appeal, albeit without upholding his reasons, which I replace with the concession made by Mr Mills.


Signed Date 17 March 2017

Judge McCarthy
Deputy Judge of the Upper Tribunal