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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 >> EA049712016 & EA061002016 [2018] UKAITUR EA049712016 (17 July 2018) URL: http://www.bailii.org/uk/cases/UKAITUR/2018/EA049712016.html Cite as: [2018] UKAITUR EA049712016, [2018] UKAITUR EA49712016 |
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Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: EA/04971/2016
EA/06100/2016
THE IMMIGRATION ACTS
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Heard at Civil Justice Centre, Manchester |
Decision & Reasons Promulgated |
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On 16 th July 2018 |
On 17 th July 2018 |
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Before
UPPER TRIBUNAL JUDGE COKER
Between
MUHAMMAD WALAYAT
HAZRAN BI
Appellants
And
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation :
For the Appellant: Mr Park, instructed by Walters & Plaskitt solicitors
For the Respondent: Mr Tan, Senior Home Office Presenting Officer
DECISION AND REASONS
Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:
1. Upon the determination by First-Tier Tribunal Judge Tully promulgated on 25 th October 2017 disclosing a material error of law and being set aside on 16 th July 2018.
2. And upon the parties agreeing that the evidence establishes the unchallenged findings of fact and that they are the dependent direct relatives of their Danish national son, their appeal against the decision to refuse to issue them with residence cards is allowed.
3. The appeal in the Upper Tribunal is allowed.
4. The decision of the First-tier Tribunal is set aside for legal error.
5. The appeal against the decision giving rise to the appeal in the First-tier Tribunal is allowed.
Date 16 th July 2018
Upper Tribunal Judge Coker
