IA/26292/2014

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The decision


IAC-AH-CJ-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/26292/2014


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 26 September 2016
On 31 March 2017



Before

DR H H STOREY
JUDGE OF THE UPPER TRIBUNAL


Between

mr Rabindra Jung LamichHane
(ANONYMITY DIRECTION NOT MADE))
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


DECISION AND REASONS
1. On 3 October 2016 I issued a Decision and Directions setting aside the decision of First-tier Tribunal Judge Keane and adjourning the disposal of the appeal until I received a considered response from the respondent SSHD as to whether he accepted the S.120 One Stop Statement of Truth of the appellant dated 26 September 2016 in which he maintained that in light of the findings of fact of the First-tier Tribunal he had lived in the UK continuously and lawfully for ten years, had passed his Life in the UK test and was of good character, with no criminal convictions who had always complied with the laws of this country. This entailed, his statement concluded, that he stood to succeed under paragraph 276B of the Immigration Rules, applying MU [2010] UKUT 442 (IAC). The parties agreed that the findings of fact made by the First-tier Judge regarding his residence were to be preserved.
2. In a reply sent on 11 January 2017 Presenting Officer Mr L Tarlow stated that in response he did not take issue with the content of the S.120 Notice/Statement and he was content for the matter to be decided by the UT without a further hearing.

My Decision
3. In light of that SSHD’s response, the decision I re-make is to allow the appellant’s appeal under paragraph 276B of the Rules.
4. To conclude:
The First-tier Judge materially erred in law and his decision is set aside.
The decision I re-make is to allow the appellant’s appeal under paragraph 276B of the Immigration Rules.

No anonymity direction is made.


Signed Date:30 March 2017


Dr H H Storey
Judge of the Upper Tribunal