Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/40929/2013

THE IMMIGRATION ACTS

On the papers
Decision and Reasons Promulgated
on 10 August 2016
On 12 August 2016

Before

UPPER TRIBUNAL JUDGE HANSON

Between

SAAMEE
(Anonymity direction not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

DECISION AND REASONS

1. On 2 March 2016 Upper Tribunal Judge Coker heard the Initial hearing of this matter to determine whether the First-tier Judge had made an error of law material to the decision to dismiss the appeal.
2. In her decision dated 11 March 2016 Judge Coker made the following finding:

17. The appellant meets 276B(i)(b). The consequent dismissal of the appellant's appeal without proper consideration of paragraph 276B and the failure to take into account the impact on the proportionality of the decision of such continuous residence as met 276B(i)(b) is an error of law such that the decision of the First-tier Tribunal is to be set aside and remade.

3. At paragraph 18 the following directions were given:

18. That the appellant meets 276B(i)(b) does not enable him to succeed in his appeal without more.

Consequential Directions

It being agreed by the parties that if the appellant meets paragraph 276B(ii) then the appeal is allowed and any consideration under Article 8 is academic, I make the following directions,

1. The respondent have leave to file and serve written submissions after having made such checks as she considered appropriate on whether the appellant meets paragraph 276B(ii), such submission's to be filed and served within 4 weeks of the promulgation of this decision.
2. The appellant has leave to file and serve a response, such response to be filed and served within 10 days of the service of the respondent's submissions.
3. I shall proceed to re-make the appeal on the basis of the material before me as soon as possible 6 weeks after the promulgation of this decision.

4. On 21 April 2016 Judge Coker issued further directions repeating the three numbered directions set out above with the following two additions:

2. The respondent has not filed any submissions nor has she requested additional time within which to undertake such investigations as she considered necessary. Accordingly it appears that there are no adverse factors to be taken into account.
3. In the absence of any indication to the contrary and in the absence of any submissions from the respondent I propose to allow the appeal without further consideration of the merits and find that the appellant meets the requirements of the Immigration Rules -as pleaded- unless I receive submissions to the contrary by 4pm on Tuesday 3rd May 2016.

5. There has been no response from the respondent to either direction and in accordance with the direction of Judge Coker putting the respondent on notice of the consequences of her continued silence in relation to this matter, the appeal is allowed under the Immigration Rules, rule 276B, on the basis of 14 years continuous residence in the United kingdom and having regard to the public interest there being no reasons why it would be undesirable for the appellant to have indefinite leave to remain on the grounds of long residence.

Decision

1. The First-tier Tribunal Judge has been found to have materially erred in law and that decision set aside. I remake the decision as follows. This appeal is allowed.

Anonymity.

2. The First-tier Tribunal not make an order pursuant to rule 45(4)(i) of the Asylum and Immigration Tribunal (Procedure) Rules 2005.
I make no such order pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008).

Signed??????????????????.
Upper Tribunal Judge Hanson

Dated the 10 August 2016