(Immigration and Asylum Chamber) Appeal Number: HU/04577/2019
THE IMMIGRATION ACTS
Heard at Manchester Civil Justice Centre
Decision & Reasons Promulgated
On 3 rd September 2019
On 17 th September 2019
Upper Tribunal Judge Chalkley
(ANONYMITY DIRECTION MADE)
For the Appellant: Mr Franczak, Counsel
For the Respondent: Mr Bates, Senior Home Office Presenting Officer
REASONS FOR FINDING AN ERROR OF LAW
1. The appellant is a citizen of the People's Republic of China born on 5 th March 1982. He made application for leave to remain in the United Kingdom on 3 rd September 2018 and that application was refused by the respondent on 22 nd February 2019.
2. The appellant's immigration history is as follows. He claims to have arrived in the United Kingdom on 27 th October 2014 and on that date claimed that he was at risk in China as a practising Christian. His application was refused on 3 rd November 2004 and the appellant appealed. His appeal was dismissed in a determination promulgated on 11 th January 2005. He made further submissions unsuccessfully in April 2012 and May 2012. On 12 th May 2012 the appellant had a child with [DC], a woman who at that time had indefinite leave to remain in the United Kingdom.
3. Further submissions were made, as a result of which the appellant was granted leave to remain outside the Immigration Rules on 4 th March 2016 until 4 th September 2018. It was on 3 rd September 2018 that the appellant made his application which was the subject of the respondent's refusal on 22 nd February 2019.
4. As a result of that refusal the appellant appealed to the First-tier Tribunal and his appeal was heard by First-tier Tribunal Judge Evans in Manchester on 10 th May 2019.
5. Before me both representatives agreed that the First-tier Tribunal Judge had made an error of law and that his determination could not stand. He failed properly to consider Section 55 and the best rights of the appellant's child.
6. As a result, I set aside the determination save for the finding at paragraph 61 of the determination, which will stand. The appeal will be reheard by the First-tier Tribunal by a judge other than First-tier Tribunal Judge Evans given that the appellant has effectively been denied a fair hearing. A Mandarin interpreter is required, and two hours should be set aside for the hearing of the appeal.
Upper Tribunal Judge Chalkley Date 10 September 2019