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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/09518/2018

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision & Reasons Promulgated
On 10 th December 2018 & 12 th March 2019	On 15 th March 2019

 

Before

 

UPPER TRIBUNAL JUDGE COKER

 

 

Between

 

YM

Appellant

And

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr S Mustafa on 10 ^th December2018,
Mr A Maqsood on 12 ^th March 2019; instructed by Solicitors Inn

For the Respondent: Mr E Tufan on 10 ^th December 2018,
Mr D Clarke on 12 ^th March 2019; Senior Home Office Presenting Officers

 

 

DETERMINATION AND REASONS

 

Pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/269) I make an anonymity order. Unless the Upper Tribunal or a Court directs otherwise, no report of these proceedings or any form of publication thereof shall directly or indirectly identify the appellant in this determination identified as YM. This direction applies to, amongst others, all parties. Any failure to comply with this direction could give rise to contempt of court proceedings

 

1.          Permission to appeal the decision of First-tier Tribunal Judge O'Garro dismissing the appellant's appeal against the refusal of his Article 8 human rights claim was given by First-tier Tribunal Judge Povey on 5 ^th November 2018. The appellant did not seek permission to appeal the dismissal of his claim for international protection.

2.          On 10 ^th December 2018, before me, the respondent accepted that the First-tier Tribunal judge had erred in law dismissing Mr Mehmood's appeal such that the decision should be set aside to be remade.

3.          At the resumed hearing before me on 12 ^th March 2019 Mr Clarke accepted that, in the light of KO (Nigeria) & ors v SSHD [2018] UKSC 53 and LG (s117B(6) "reasonable to leave" UK) Turkey [2019] UKUT 72 (IAC) and it being agreed that the youngest dependent child was a minor, the appeal should be allowed.

Conclusions:

The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law in so far as Article 8 is concerned.

I set aside the decision on Article 8.

I re-make the decision in the appeal by allowing it on Article 8 human rights grounds.

 

 

Date 12 ^th March 2019

Upper Tribunal Judge Coker