IA/26785/2012

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/26785/2012


THE IMMIGRATION ACTS


Heard at Field House
Determination Promulgated
On 6 June 2013
On 7 June 2013




Before

UPPER TRIBUNAL JUDGE CLIVE LANE

Between

JOSEPH SEBASTIAN ANTONY
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


Representation:

For the Appellant: Not present or represented.
For the Respondent: Mr Wilding, a Senior Home Office Presenting Officer


DETERMINATION AND REASONS

1. Permission to appeal has been granted by the Upper Tribunal to this appellant (a citizen of India born on 8 February 1977) in respect of the failure of the First-tier Tribunal to determine the appeal in respect of the decision to remove the appellant; permission has not been granted on the grounds submitted by the appellant to challenge the decision to dismiss his appeal against the Secretary of State’s decision to refuse him further leave to remain.
2. The appellant did not attend the Upper Tribunal hearing on 6 June 2013. I am satisfied that he had been served upon the appellant at his last known address in the United Kingdom. I decided to proceed with the hearing the in the absence of the appellant.
3. I find that the First-tier Tribunal erred by failing to allow the appeal in respect of the decision to remove the appellant. That decision had not been in accordance with the law for the reasons enunciated in the judgment of the Court of Appeal in Ahmadi [2013] EWCA Civ 512.




DECISION

The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.

I set aside the determination.

I re-make the decision in the appeal by allowing the appeal against the decision of the Secretary of State to remove the appellant under Section 47 of the Immigration Asylum and Nationality Act 2006. The appeal against the refusal of the Secretary of State to vary the leave to remain of the appellant is dismissed.



Signed

Upper Tribunal Judge Clive Lane

6 June 2013