(Immigration and Asylum Chamber) Appeal Number: HU/13837/2018
THE IMMIGRATION ACTS
Heard at Field House
Decision & Reasons Promulgated
On 1 July 2019
On 10 July 2019
DEPUTY UPPER TRIBUNAL JUDGE SAFFER
(Anonymity direction not made )
For the Appellant: Mr S Rungasamy, Legal Representative
For the Respondent: Mr N Bramble, Home Office Presenting Officer
DECISION AND REASONS
1. The Appellant is a citizen of Mauritius who was born on 25 April 1969. His application for leave to remain on the basis of his family life was made on 17 June 2016. The application was refused on 5 June 2018. Following a hearing on 7 February 2019 Judge Bowler ("the Judge") found that there was a genuine and subsisting relationship with relevant children but went on to dismiss the appeal.
2. Permission to appeal was granted by Judge Hollingworth on 8 May 2019 in essence saying that S117B (6) of the Nationality, Immigration, and Asylum Act 2002 and Section 55 of the Borders, Citizenship, and Immigration Act 2009 may have been misapplied in relation to the public interest and proportionality of requiring qualifying children to leave the United Kingdom so as to remain with their father.
3. Mr Bramble conceded that there was a material error of law. Both representatives submitted that given the lack of appropriate findings on what the children would face in Mauritius it is not appropriate for the Upper Tribunal to retain this matter as those findings were required before the balancing exercise could be undertaken.
Notice of Decision
4. The matter will be remitted to Harmondsworth for a de novo rehearing. The matter will not be determined by Judge Bowler.
5. Any further and consequential directions will be issued by the First-tier Tribunal.
6. No anonymity direction is made.
7. I make no fee or costs order.
Deputy Upper Tribunal Judge Saffer
5 July 2019