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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/28904/2014

 

 

THE IMMIGRATION ACTS

Heard at Birmingham	Decision & Reasons Promulgated
On 11 January 2016	On 13 January 2016

 

Before

 

DEPUTY UPPER TRIBUNAL JUDGE SAFFER

 

 

Between

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant

And

 

SAFIA AKMAL

(NO ANONYMITY ORDER MADE)

Respondent

 

 

Representation :

For the Appellant: Mr Mills a Senior Home Office Presenting Officer

For the Respondent: Mr Ali a Legal Representative

 

 

DECISION AND REASONS

Background

1.              The Secretary of State notified Mrs Akmal on 15 July 2014 of her decision to refuse to grant leave to remain and requiring her to leave. Mrs Akmal's appeal against that decision was allowed by First-tier Tribunal Judge McDade ("the Judge") following a hearing on 30 January 2015. This is an appeal against that decision.

2.              Designated Judge Macdonald granted permission to appeal on 13 April 2015 as;

"... it is unclear why the Tribunal was referring to a verification report and the judge does not say that the original language certificate was produced".

3.              Mr Mills conceded that the original English language certificate was on his file and he had no reason to doubt it had been produced at the hearing. Accordingly he did not wish to pursue the appeal.

4.              I am satisfied, given the concession, that the Judge would have said he had not seen the English language certificate if that was the case. Accordingly I am satisfied that it was in fact produced and the Judge was entitled to be satisfied that all aspects of the relevant rule had been satisfied.

Decision

The making of the decision of the First-tier Tribunal did not involve the making of an error on a point of law.

I do not set aside the decision.

 

 

Deputy Upper Tribunal Judge Saffer

12 January 2016