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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments |
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You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> IA304312015 [2019] UKAITUR IA304312015 (15 January 2019) URL: http://www.bailii.org/uk/cases/UKAITUR/2019/IA304312015.html Cite as: [2019] UKAITUR IA304312015 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/30431/2015
THE IMMIGRATION ACTS
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Heard at Field House |
Decision & Reasons Promulgated |
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On 14 th December 2018 |
On 15 th January 2019 |
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Before
DEPUTY UPPER TRIBUNAL JUDGE ZUCKER
Between
Zubair Bin Muslima Peerbocus
(ANONYMITY DIRECTION not made)
Appellant
and
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellant: Ms U Miszkiel, Counsel, instructed by Aschfords Law Solicitors
For the Respondent: Mr S Walker, Senior Home Office Presenting Officer
DECISION AND REASONS
1. The Appellant is a citizen of Mauritius, whose date of birth is recorded as 19 th January 1980. He made application for indefinite leave to remain in the United Kingdom based upon long residency. His case was that he had been in the United Kingdom lawfully for ten years. A decision was made by the Secretary of State to refuse the application. The Appellant appealed and his appeal was heard on 20 th February 2018 by Judge of the First-tier Tribunal Buckwell, sitting at Taylor House. He dismissed the appeal.
2. It is not necessary for me to say very much in this case for the reasons that follow but, not content with the decision, by Notice dated 6 th April 2018 the Appellant sought application for permission to appeal to the Upper Tribunal. That was initially refused but a renewed application resulted in permission being granted by Upper Tribunal Judge Martin on 12 th November 2018. Thus the matter comes before me.
3. Quite properly, Mr Walker concedes the appeal. I agree entirely. The case turned on whether there was continuing 3C leave. There was and that is not in dispute.
4. In the circumstances, the decision of the First-tier Tribunal is set aside and remade such that the appeal is allowed.
Notice of Decision
The appeal is to the Upper Tribunal is allowed. The decision of the First-tier Tribunal is set aside and remade such that the appeal in the First-tier Tribunal is allowed.
No anonymity direction is made.
Signed Date: 7 January 2019
Deputy Upper Tribunal Judge Zucker
TO THE RESPONDENT
FEE AWARD
In addition, I make a full fee award in the sum of £140.
Signed Date: 7 January 2019
Deputy Upper Tribunal Judge Zucker
