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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> IA210642013 [2014] UKAITUR IA210642013 (25 March 2014) URL: http://www.bailii.org/uk/cases/UKAITUR/2014/IA210642013.html Cite as: [2014] UKAITUR IA210642013 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: IA/21064/2013
THE IMMIGRATION ACTS
| No hearing | Promulgated on |
| On 25 March 2014 | |
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Before
MR C M G OCKELTON, VICE PRESIDENT
Between
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and
ANASTASIYA KRATSOVA
Respondent
DETERMINATION AND REASONS
1. Mrs Anastasiya Kratsova is a citizen of Belarus who appealed to the First-tier Tribunal against the decision of the respondent refusing her a permanent residence card as the family member of an EEA National. Following discussion at the hearing, the appeal was allowed. The Secretary of State now has permission to appeal.
2. Following the grant of permission I wrote to the parties seeking their comments on my proposal to dismiss the appeal, for the reasons that follow.
“I note that the judge allowed the appeal simply on the basis that “the decision is not in accordance with the law”, “as the Respondent has not considered Regulation 10(5) and 14(3) of the 2006 Regulations”. Contrary to what is suggested in the Secretary of State’s grounds, the judge made no finding on whether the requirements of those or any other regulations were fulfilled.
The effect of his determination is that the appellant’s application remains outstanding awaiting a lawful decision. That, as I understand the Secretary of State’s position, is exactly what was agreed at the hearing”.
3. Neither party has, within the time allowed for response, raised any objection.
4. There was no error of law. The Secretary of State’s appeal is dismissed.
C M G OCKELTON
VICE PRESIDENT OF THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Date: 06 March 2014