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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 >> IA247912014 [2016] UKAITUR IA247912014 (14 January 2016) URL: http://www.bailii.org/uk/cases/UKAITUR/2016/IA247912014.html Cite as: [2016] UKAITUR IA247912014 |
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IAC-FH-AR-V1
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/24791/2014
THE IMMIGRATION ACTS
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Heard at Field House |
Decision & Reasons Promulgated |
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On 18 September 2015 |
On 14 January 2016 |
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Before
DEPUTY UPPER TRIBUNAL JUDGE FARRELLY
Between
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and
MRS SUNDUS RAFIQUE
(anonymity direction not made)
Respondent
Representation :
For the Appellant: Mr T Wilding, Home Office Presenting Officer
For the Respondent: In person
DECISION AND REASONS
1. This is the Secretary of State's appeal but for convenience I will refer to the parties as they were in the original appeal.
2. In a decision promulgated on 7 July 2015 I found a material error of law in the decision of First-tier Tribunal Judge Iqbal. The judge allowed the appellant's appeal.
3. Today Mr Wilding, Home Office Presenting Officer, has referred me to the two TOEIC certificates which were submitted with the original entry clearance application made on 29 July 2011. He has also referred me to two policy statements. These were submitted at the original error of law hearing. The first policy statement confirms that in certain circumstances qualifications may be accepted for instance if they had been used in a previous entry clearance application. The second policy statement provides that certificates from the ETS which have now been suspended can still be accepted where the transitional arrangements apply. Those arrangements apply for applications which were made before 22 July 2014. In this case the application was made in January 2014.
4. Consequently, Mr Wilding is prepared to accept that the requirements of paragraph 284 of the Immigration Rules were met.
Notice of Decision
5. Having regard to the points made I would allow the appeal under the Immigration Rules.
Signed Date
Deputy Upper Tribunal Judge Farrelly
No anonymity direction is made.
Deputy Upper Tribunal Judge Farrelly
