IA/50903/2014
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The decision
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: IA/50903/2014
THE IMMIGRATION ACTS
Heard at Field House
Decisions and Reasons Promulgated
On 8 October 2015
On 13 November 2015
Before
MR CMG OCKELTON, VICE PRESIDENT
UPPER TRIBUNAL JUDGE DAWSON
Between
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
And
CHARLES OMINNU ADOGA
Respondent
Representation:
For the Appellant: Mr I Jarvis, Senior Presenting Officer
For the Respondent: Miss D Qureshi, instructed by Marsh & Partners Solicitors
DECISION AND REASONS
1. The Secretary of State has been granted permission to appeal the decision of First-tier Tribunal Judge Eban. The respondent is a national of Nigeria, where he was born on 23 January 1972. On 3 December 2014, the Secretary of State refused his application for leave to remain, made on 26 March 2012 based on 14 years unlawful residence in the United Kingdom.
2. In a Decision dated 3 December 2014, the Secretary of State refused the application by giving notice of refusal of leave to enter and removal directions to China.
3. The judge allowed the appeal under Article 8 on the basis of return to China with whom the respondent had no connections.
4. Candidly Miss Qureshi did not seek to argue the judge had not erred in law. She was correct to do so. The reasons letter accompanying the decision of the same date make unambiguous reference to the respondent being a national of Nigeria. His nationality is not in dispute and has never been.
5. Mr Jarvis explained that the Notice of Decision would be amended to reflect the respondent's nationality. We set aside the decision and remit the matter to Judge Eban to determine the appeal in accordance with the amended notice, taking into account Miss Qureshi's indication that no further evidence is anticipated.
Signed Date 12 November 2015
Upper Tribunal Judge Dawson