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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments


You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> IA172242013 [2014] UKAITUR IA172242013 (27 June 2014)
URL: http://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

     

     

     

     

    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

     


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URL: http://www.bailii.org/uk/cases/UKAITUR/2014/IA172242013.html