Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/09466/2016
THE IMMIGRATION ACTS
Determined at Field House |
Decision & Reasons Promulgated |
On 6 th December 2018 |
On 11 th December 2018 |
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Before
UPPER TRIBUNAL JUDGE COKER
Between
FAHEEM HASAN
Appellant
And
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
DECISION AND REASONS
1. For reasons set out in a decision promulgated on 27 th September 2018 I set aside the decision of First-tier Tribunal judge Frankish who had dismissed the appellant's appeal against a decision by an entry clearance officer to refuse to grant him an extended family member residence permit.
2. I gave leave to the appellant to file and serve further documents and for both parties to make submissions. After some delay, the appellant, through his solicitors served documents on which he sought to rely.
3. In a letter dated 5 th December 20018, Mr McVeety on behalf of the respondent, confirmed that having reviewed the documents relied upon by the appellant, he had no further submissions to make and the appeal of the appellant was no longer opposed.
4. In the light of this, I allow the appellant's appeal against the decision of the respondent refusing him an extended family member permit.
Conclusions:
The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.
I set aside the decision of the First-tier Tribunal.
I re-make the decision in the appeal by allowing it.
Date 6 th December 2018
Upper Tribunal Judge Coker