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

IAC-FH-AR-V1

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/35085/2013

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Determination Promulgated
On 12th September, 2014	On 18th November 2014
Signed 17th November, 2014

 

 

Before

 

Upper Tribunal Judge Chalkley

 

 

Between

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant

and

 

AMRIK SINGH

Respondent

 

 

Representation:

For the Appellant: Mr I Jarvis, Senior Home Office Presenting Officer

For the Respondent: Mr A Chohan, Counsel, instructed by S.Z. Solicitors

 

 

DETERMINATION AND REASONS

 

1. The respondent is a citizen of India born on 21^st November, 1947. He made application on 6^th July, 2012 for indefinite leave to remain in the United Kingdom based on his long residence. On 12^th August, 2013 the Secretary of State refused the respondent's application. The respondent appealed and his appeal was heard by First-tier Tribunal Judge Deavin on 30^th January, 2014. She allowed the respondent's appeal.

 

2. At a hearing on 11^th June, 2014 the Secretary of State for the Home Department successfully challenged the decision of the First-tier Tribunal Judge, at a hearing before Upper Tribunal Judge Birrell, who found that the First-tier Tribunal erred in reaching its conclusion that the respondent’s appeal should be allowed. Mr Jarvis today has explained that in fact those errors were not material. The appellant was entitled to have his appeal allowed on the basis that he was not required to demonstrate that he had a knowledge of the English language.

 

3. Mr Jarvis invited me to allow the respondent's appeal. I find that First-tier Tribunal Judge Deavin did not materially err in law and I uphold her decision.

 

Richard Chalkley

Upper Tribunal Judge Chalkley