UI-2024-002963

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2024-002963

First-tier Tribunal No: HU/52341/2023
LH/04595/2023

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 19 March 2025

Before

UPPER TRIBUNAL JUDGE LANDES

Between

MOHAMMAD SHOFIQUR RAHMAN
(NO ANONYMITY ORDER MADE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: No representative present
For the Respondent: No representative present

Decided at Field House on the papers under the provisions of rule 39 (1) of the Tribunal Procedure (Upper Tribunal) Rules 2008


DECISION AND REASONS
1. On 4 March 2022 the appellant (now aged 88 and in poor health) applied for leave to remain in the UK under paragraph 276 ADE immigration rules on the basis of continuous residence since 18 November 2001 and also on health grounds. His application was refused by the respondent on 3 February 2023. He appealed on human rights grounds, his appeal was dismissed, but permission having been granted to appeal to the Upper Tribunal, the respondent conceded there was an error of law in the decision of the First-Tier Tribunal, and the decision was set aside by decision of Deputy Upper Tribunal Judge Ben Keith issued on 3 December 2024.
2. The remaking hearing under section 12 (2) (b) (ii) of the Tribunals Courts and Enforcement Act 2007 came before me in the Upper Tribunal on 17 January 2025. I adjourned the hearing giving directions to the respondent to produce various documents.
3. The parties have now agreed by way of a signed consent order pursuant to rule 39 (1) of the Tribunal Procedure (Upper Tribunal) Rules 2008 that the appeal should be allowed and the appellant be granted leave to remain subject to the decision-making centre’s usual verification procedures.
4. Bearing in mind the documents now disclosed and considered against the background of the evidence previously available, I consider this course of action to be entirely appropriate and I approve it. Bearing in mind the agreement of the parties, and the totality of the evidence, I consent to the respondent withdrawing her case that the appellant does not meet the requirements of paragraph 276ADE of the immigration rules.
Notice of Decision
The appeal is allowed.


A-R Landes

Judge of the Upper Tribunal
Immigration and Asylum Chamber

18 March 2025