United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: HU /18388/2016

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision & Reasons Promulgated
On 12 March 2018	On 15 March 2018

 

Before

 

UPPER TRIBUNAL JUDGE PITT

 

 

Between

 

Miss Anita Fordjour Boateng

(Anonymity direction not made)

Appellant

and

 

entry clearance officer

Respondent

 

 

Representation :

For the Appellant: Mr D Coleman, Counsel, instructed by Nandy & Co

For the Respondent: Mr S Kotas, Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

1.              In a decision issued on 4 January 2018, I found an error of law in the decision of First-tier Tribunal Beg which refused an appeal against the refusal of entry clearance as a spouse. The decision of the First-tier Tribunal was set aside to be re-made at a hearing in the Upper Tribunal on 12 March 2018.

2.              At the hearing on 12 March 2018, the legal representative for the Entry Clearance Officer conceded that the appellant is in a genuine and subsisting relationship with the sponsor and that for the purposes of the re-making of the appeal as of the date of the hearing, the Immigration Rules were met. In those circumstances, it was also conceded that the appeal should be allowed.

Decision

3.              The decision of the First-tier Tribunal was set aside to be re-made.

4.              The appeal is re-made as allowed under Article 8 ECHR.

 

 

Signed Date 12 March 2018

Upper Tribunal Judge Pitt