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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 >> AA076152013 [2014] UKAITUR AA076152013 (20 January 2014) URL: http://www.bailii.org/uk/cases/UKAITUR/2014/AA076152013.html Cite as: [2014] UKAITUR AA076152013, [2014] UKAITUR AA76152013

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Upper Tribunal

(Immigration and Asylum Chamber) Appeal no: AA 07615-13

 

THE IMMIGRATION ACTS

 

At	Decision signed: 17.01.2014
on 17.01.2014	sent out: 20.01.2014

 

Before:

Upper Tribunal Judge

John FREEMAN

 

Between:

Naeem SHAHZAD

appellant

and

 

 

respondent

Representation:

 

For the appellant: Daniel Coleman (counsel instructed by Dent Abrams)

For the respondent: Mr Nigel Bramble

 

 

DETERMINATION AND REASONS

This is an appeal, by the , against the decision of the First-tier Tribunal (Judge Anne-Marie Tootell), sitting at Hatton Cross on 11 September 2013, to an appeal by a citizen of Pakistan, born 6 December 1984, to the extent of directing the Home Office to reconsider his application under the ‘legacy’ policy.

2.        Permission to appeal was given on the basis that AZ (Asylum- legacy cases) Afghanistan [2013] UKUT 270 (IAC) should have led the judge to a different result. Both sides should have referred her to this decision, but apparently neither did. However, Mr Bramble conceded before me that, even if the judge had been referred to it, she would have been entitled to distinguish it, on the basis that the decision under appeal in this case was not a fresh immigration decision, but one under the ‘legacy’ policy, which in her view had not been properly considered. So he withdrew the Home Office appeal, and the judge’s decision stands.

Home Office appeal withdrawn

 

(a judge of the Upper Tribunal)