PA/04560/2019

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The decision




Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: PA/04560/2019


THE IMMIGRATION ACTS

Heard at Field House
Decision & Reasons Promulgated
On 17 March 2020
On 14 April 2020


Before

THE HON. MR JUSTICE JOHNSON
UPPER TRIBUNAL JUDGE KOPIECZEK

Between

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

MN
(ANONYMITY DIRECTION MADE)
Respondent


Representation:

For the Appellant: Mr S. Whitwell, Senior Home Office Presenting Officer
For the Respondent: Ms K. Smith, Counsel


DECISION PURSUANT TO RULE 40(3)(a) OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008
1. Although the appellant in these proceedings is the Secretary of State, it is convenient to continue to refer to the parties as they were before the First-tier Tribunal ("FtT").
2. The appellant, a citizen of Iran, appealed to the First-tier Tribunal ("FtT") against a decision dated 25 April 2019, being a decision to refuse a protection and human rights claim within the context of a decision to make a deportation order against him in the light of his criminal offending. The appeal came before First-tier Tribunal Judge Parkes who allowed the appeal on protection grounds.
3. Permission to appeal the decision of the FtT having been granted to the respondent, the appeal came before us. At the hearing before us it was agreed between the parties that the grounds upon which permission to appeal was granted were not made out and that there was no error of law in the decision of the FtT.
4. In the circumstances, we are not satisfied that the decision of the FtT involved the making of an error on a point of law and its decision to allow the appeal stands.
5. Pursuant to rule 40(3)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008, no reasons (or further reasons) are required, the decision being made with the consent of the parties.

Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008

Unless and until a Tribunal or court directs otherwise, the appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him or any member of his family. This direction applies both to the appellant and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.



Upper Tribunal Judge Kopieczek 17 March 2020