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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: PA/09198/2016

 

 

THE IMMIGRATION ACTS

Heard at Glasgow	Decision and Reasons Promulgated
on 7 December 2017	On 8 December 2017

 

Before

 

UPPER TRIBUNAL JUDGE MACLEMAN

 

 

Between

 

HUA LIU

(Anonymity Direction Not Made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

Representation:

For the Appellant: Mr S Martin, of Jain, Neil & Ruddy, Solicitors

For the Respondent: Mrs M O'Brien, Senior Home Office Presenting Officer

 

 

DETERMINATION AND REASONS

1.              The appellant appeals against a decision by First-tier Tribunal Judge Porter, promulgated on 5 June 2017. His grounds are stated in the application for permission (which i n terms of the TP (UT) Rules 2008, rule 23 (1A), now stands as the notice of appeal to the UT).

2.              The following outcome is agreed between the parties.

3.              The decision of the First-tier Tribunal errs in law, and is set aside.

4.              In remaking the decision, the respondent accepts that account should be taken of new evidence to show that the relationship between the appellant and his wife is genuine and subsisting, and that since the date of hearing in the FtT, they have had a child.

5.              The appellant's appeal, as brought to the FtT, is allowed on human rights (article 8) grounds.

6.              No anonymity direction has been requested or made.

 

 

 

7 December 2017

Upper Tribunal Judge Macleman