RP/00124/2015
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The decision
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: RP/00124/2015
THE IMMIGRATION ACTS
Heard at Bradford
Decision & Reasons Promulgated
On 25 August 2016
On 5th October, 2016
Before
DEPUTY UPPER TRIBUNAL JUDGE STOREY
Between
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and
ALI [A]
(ANONYMITY DIRECTION NOT MADE)
Respondent
Representation:
For the Appellant: Mrs R Petersen, Home Office Presenting Officer
For the Respondent: Mr S Tetley, Counsel, instructed by Howells Solicitors
DECISION AND REASONS
1. The appellant (hereafter the Secretary of State for the Home Department or SSHD) has permission to challenge the decision of First-tier Tribunal (FtT) Judge Place allowing the appeal of the respondent (hereafter the claimant) against the decision by the SSHD dated 9 October 2015 to revoke his refugee status and to make a deportation order against him.
2. The challenge of the SSHD is confined to one issue only, namely whether it was an error of the judge to have failed to consider s.72 of the Nationality, Immigration and Asylum Act 2002. The grounds draw attention to the fact that the claimant was served on 5 January 2009 with a s. 72 notice.
3. The fatal difficulty for the grounds of challenge is that the SSHD never proceeded to issue a s.72 certificate or at least she has failed to show that she took any action in respect of the s.72 notice which she sent in January 2009, even though the claimant duly responded to the questions posed by that notice (whether the SSHD chooses in the future to issue a s.72 certificate is not a matter for this Tribunal).
Notice of Decision
4. In such circumstances the SSHD cannot make out her challenge and accordingly the decision of the FtT judge must stand.
No anonymity direction is made.
Signed Date 5th October, 2016
Dr H H Storey
Judge of the Upper Tribunal