Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/01200/2016

THE IMMIGRATION ACTS

Heard at Glasgow
Determination issued
on 24 February 2017
on 01 March 2017

Before

UPPER TRIBUNAL JUDGE MACLEMAN

Between

HAOJIE WANG
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

For the Appellant: Mr S Winter, Advocate, instructed by Katani & Co, Solicitors
For the Respondent: Mrs M O’Brien, Senior Home Office Presenting Officer

DETERMINATION AND REASONS

1. The appellant appeals against a determination by First-tier Tribunal Judge Doyle, promulgated on 17 November 2016.
2. The appellant’s grounds raise no complaint about the resolution of her protection claim. They dispute only the outcome under article 8 of the ECHR, outside the immigration rules.
3. The respondent accepted that there had been a failure to resolve all relevant family life matters.
4. The appellant is Chinese and her husband Malaysian. They have one child. She has no immigration status but he has discretionary leave, which was current at the time of the FtT hearing. He has regular contact with his two UK citizen children, living with their mother, from whom he is separated. Those circumstances are recorded in the decision but their consequences are not considered when the judge explains his conclusions.
5. On the concession of the respondent, the decision of the FtT on article 8 of the ECHR is set aside. None of its findings in that respect are to stand, other than as a record of what was advanced at the hearing.
6. The nature of the case is such that it is appropriate in terms of section 12(2)(b)(i) of the 2007 Act and of Practice Statement 7.2 to remit the case to the FtT for the fresh hearing required.
7. The member(s) of the FtT chosen to consider the case are not to include Judge Doyle.
8. No anonymity direction has been requested or made.

27 February 2017
Upper Tribunal Judge Macleman