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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> OA032992013 & OA033022013 [2014] UKAITUR OA032992013 (8 April 2014)
URL: http://www.bailii.org/uk/cases/UKAITUR/2014/OA032992013.html
Cite as: [2014] UKAITUR OA32992013, [2014] UKAITUR OA032992013
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: OA/03299/2013
OA/03302/2013
THE IMMIGRATION ACTS
| Heard at Newport | Determination Promulgated |
| On 20 March 2014 | On 8 April 2014 |
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Before
MR C M G OCKELTON, VICE PRESIDENT
UPPER TRIBUNAL JUDGE GRUBB
Between
ENTRY CLEARANCE OFFICER - PRETORIA
Appellant
and
ERM
RTM
(ANONYMITY ORDER MADE)
Respondent
Representation:
For the Appellant: Mr I Richards, Home Office Presenting Officer
For the Respondents: Mr N Webb of Duncan Moghul Solicitors and Advocates
DETERMINATION AND REASONS
1. This appeal is subject to an anonymity order made by the First-tier Tribunal pursuant to rule 45(4)(i) of the Asylum and Immigration Tribunal (Procedure) Rules 2005 (SI 2005/230). Neither party invited us to rescind the order and we continue it pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698).
2. These are appeals by the Entry Clearance Officer against a determination of the First-tier Tribunal (Judge N J Osborne) in which the respondent’s appeals were allowed under paragraph 297 of the Immigration Rules against decisions of the Entry Clearance Officer refusing them entry clearance in order to join their mother settled in the UK.
3. On 20 December 2013, the First-tier Tribunal (Judge Sharp) granted the ECO permission to appeal to the Upper Tribunal. The appeal was listed ‘for mention’ before us on 20 March 2014. On behalf of the ECO, Mr Richards indicated that the Entry Clearance Officer no longer wished to pursue these appeals to the Upper Tribunal.
4. In those circumstances, we concluded that we would treat this hearing as a hearing of the appeal.
5. As the ECO no longer wishes to pursue an appeal to the Upper Tribunal against the First-tier Tribunal’s decision, we dismiss the ECO’s appeal to the Upper Tribunal.
6. The decisions of the First-tier Tribunal allowing the appeals under para 297 of the Immigration Rules stand.
Signed
A Grubb
Judge of the Upper Tribunal
Date: