Tribunal decisions

The decision

IAC-AH-CJ-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: OA/07213/2014

THE IMMIGRATION ACTS

Heard at Field House
Decision & Reasons Promulgated
On 6th January 2016
On 14th January 2016

Before

DEPUTY UPPER TRIBUNAL JUDGE J G MACDONALD

Between

miss Arfa Akter Anguma
(ANONYMITY DIRECTION not made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr M Kamrul, Solicitor
For the Respondent: Mr S Staunton, Senior Home Office Presenting Officer

DECISION AND REASONS
1. The Appellant is a national of Bangladesh whose appeal was dismissed by First-tier Tribunal Judge Meah in a decision promulgated on 15th June 2015.
2. The grounds of application were lodged primarily on the basis that the Respondent had, in fact, issued the Appellant with a Certificate of Entitlement to the Right of Abode on 24th March 2015. As such there had been a procedural error in the case in that given the Appellant had been issued a Certificate of Entitlement the appeal should have been withdrawn.
3. Permission to appeal was granted and in a Rule 24 notice the Respondent pointed out that the judge was clearly unaware of the fact that the Appellant had been issued with a Certificate of Entitlement and was therefore wrong to proceed with the appeal in the absence of parties.
4. The Rule 24 notice goes on to say that the appeal should have been deemed to have been abandoned pursuant to Section 104(4A) of the 2002 Act.
5. Before me the parties agreed that the decision of the judge should simply be set aside and the appeal treated as abandoned. This is undoubtedly the correct outcome. There is no need for an anonymity order.
Notice of Decision
6. The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.
7. I set aside the decision.
8. The appeal is treated as abandoned.
No anonymity direction is made.

Signed Date

Deputy Upper Tribunal Judge J G Macdonald