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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> IA172242013 [2014] UKAITUR IA172242013 (27 June 2014) URL: https://www.bailii.org/uk/cases/UKAITUR/2014/IA172242013.html Cite as: [2014] UKAITUR IA172242013 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/17224/2013
THE IMMIGRATION ACTS
| Heard at Field House | Determination Promulgated |
| On 10th June 2014 | On 27th June 2014 |
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Before
DEPUTY UPPER TRIBUNAL JUDGE DAVIDGE
Between
mr miguel angel taborda
(no anonymity order made)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: Mr D O’Callaghan, Counsel
For the Respondent: Ms A Holmes, Home Office Presenting Officer
DETERMINATION AND REASONS
1. The Respondent appeals with permission a decision of First-tier Tribunal Judge Herbert who, in a determination promulgated on 21st February 2014, allowed the Appellant’s appeal against the Secretary of State’s decision to refuse him leave to remain on the basis of his family and private life to the limited extent that the appeal be remitted to the Secretary of State for reconsideration.
2. Before me the Appellant was represented by Mr D O’Callaghan of Counsel and the Respondent was represented by Ms A Holmes, Home Office Presenting Officer.
3. Both of the representatives were in agreement that because the Appellant’s application for leave had been refused with his human rights claim certified under Section 94(2) NIAA 2002, the Tribunal had no jurisdiction to determine the appeal. Accordingly I set aside the decision for want of jurisdiction. Counsel for the Appellant advised that the certification was being challenged by judicial review in the Administrative Court which is the correct venue for the determination of the issue.
Signed Date 25.06.2014
Deputy Upper Tribunal Judge Davidge