Tribunal decisions

The decision

IAC-AH-LEM-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/34090/2014

THE IMMIGRATION ACTS

Heard at City Centre Tower, Birmingham
Decision & Reasons Promulgated
On 9th January 2017
30th January 2017

Before

DEPUTY upper tribunal JUDGE RENTON

Between

mbd
(ANONYMITY DIRECTION MADE)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr M Bradshaw, Counsel instructed by Cartwright King Solicitors
For the Respondent: Mr D Mills, Senior Home Office Presenting Officer

DECISION AND REASONS
Introduction
1. The Appellant is a male citizen of Nigeria born on [ ] 1976. He first arrived in the UK on 2nd June 2006 when he was granted leave to enter as a student until 1st April 2009. He was then granted leave to remain in the same capacity until 19th April 2014. On 17th April 2014 he applied for indefinite leave to remain as a Tier 2 (General) Migrant. That application was refused for the reasons given in the Respondent's letter of 13th August 2014. The Appellant appealed, and his appeal was heard by First-tier Tribunal Judge Pooler (the Judge) sitting at Stoke on Trent on 11th January 2016. He decided to dismiss the appeal for the reasons given in his Decision dated 13th January 2016. The Appellant sought leave to appeal that decision, and on 13th June 2016 such permission was granted.
Error of Law
2. I must first decide if the decision of the Judge contained an error on a point of law so that it should be set aside.
3. At the outset of the hearing before me, Mr Mills informed me that there was agreement between him and Mr Bradshaw. It was conceded by Mr Mills that the Judge had erred in law by failing to give sufficient consideration to the consequences for the Appellant's family and in particular his children of the division of the Appellant's family which would happen as a consequence of the Respondent's decision in connection with the Appellant's Article 8 ECHR rights. The decision of the Judge should be set aside. Further, considering that the Appellant now had ten years' lawful residence in the UK, Mr Mills intended to withdraw the original decision so that the circumstances of the Appellant, his wife, and his children could be reconsidered.
4. Mr Bradshaw confirmed his agreement, and in the circumstances explained to me I gave the consent of the Tribunal to the withdrawal of the Respondent's decision.
5. I therefore find an error of law in the decision of the Judge. I do not give reasons for that finding in accordance with Rule 40(3)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008. I set aside the decision of the Judge. I do not remake that decision because with the consent of the Tribunal the decision of the Respondent is withdrawn.
Notice of 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 that decision.
I have not remade the decision in the appeal because the original decision of the Respondent is treated as withdrawn.
Anonymity
The First-tier Tribunal made an order for anonymity which I continue for the reasons given by the First-tier Tribunal.

Signed Date

Deputy Upper Tribunal Judge Renton

TO THE RESPONDENT
FEE AWARD
As I have not remade the decision in the appeal, and as the original decision of the Respondent has been treated as withdrawn, there can be no fee award.

Signed Date

Deputy Upper Tribunal Judge Renton