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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/00900/2018

 

THE IMMIGRATION ACTS

 

Heard at Field House	Decision& Reasons Promulgated
On 9 th January 2019	On 18 th January 2019

Before

 

UPPER TRIBUNAL JUDGE COKER

 

Between

 

Vladimir KALININ

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation

 

For the appellant: Ms S Walker counsel instructed by Atlas Law solicitors

For the respondent: Mr E Tufan, Senior Home Office Presenting Officer

 

DETERMINATION BY CONSENT

Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:

Upon the determination by First-Tier Tribunal Judge L Gibbs promulgated on 21 ^st September 2018 disclosing an error of law such that it is set aside on 9 ^th January 2019;

And upon the parties agreeing that the evidence establishes that Mr Kalinin has been resident in the UK and exercising Treaty Rights for at least a period of five years, the appeal by Mr Kalinin against the refusal of his permanent residence application is allowed.

The appeal in the Upper Tribunal is allowed. The decision of the First-tier Tribunal is set aside for legal error. The appeal against the decision giving rise to the appeal in the First-tier Tribunal is allowed.

Signed Date 9 ^th January 2019

Upper Tribunal Judge Coker