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

 

Upper Tribunal

(Immigration and Asylum Chamber) HU/11822/2017

 

 

THE IMMIGRATION ACTS

 

 

Heard at Glasgow	Decision & Reasons Promulgated
On 25 January 2019	On 5 February 2019

 

Before

 

UPPER TRIBUNAL JUDGE MACLEMAN

 

 

Between

 

[H L]

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

For the Appellant: Mr D Katani, of Katani & Co, Solicitors

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

 

 

DETERMINATION AND REASONS

1.              The appellant appeals against the decision of FtT Judge Debra H Clapham, promulgated on 4 July 2019.

2.              The FtT's decision at [34] refers to section 117B of the 2002 Act, and says that it "specifically states that consideration has to be given to whether it would be unduly harsh to expect the qualifying child to leave the UK".

3.              The case involves two "qualifying" children, in terms of part 5A of the 2002 Act.

4.              Section 117B(6) provides that in a case such as this, the public interest does not require removal "where ... it would not be reasonable to expect the child to leave the UK." It does not specify consideration of whether departure would be "unduly harsh".

5.              The respondent conceded that the decision of the FtT errs on a point of law, and that considering the circumstances of the two children, it fell to be reversed.

6.              The decision of the First-tier Tribunal is set aside, and the following decision is substituted: the appeal, as brought to the FtT, is allowed.

7.              No anonymity direction has been requested or made.

 

25 January 2019

UT Judge Macleman