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The respondent in these proceedings was the appellant before the First-tier Tribunal. From hereon I have referred to the parties as they were in the First-tier Tribunal so that for example reference to the respondent is a reference to the Secretary of State for the Home Department.
The appellant appealed that decision under section 82(1) of the Nationality, Immigration and Asylum Act 2002 on May 29, 2015.
The appeal came before Judge of the First-tier Tribunal Bircher (hereinafter referred to as the Judge) on August 13, 2015 and in a decision promulgated on September 29, 2016 the Judge allowed the appellant's appeal.
The respondent lodged grounds of appeal on October 5, 2015 submitting the Judge had erred in allowing the appeal outright because paragraph 276C made it clear that the discretion lay with the respondent and as the Judge found the Rules were met the appeal should only have been allowed to the extent that the respondent should have been invited to make a lawful decision.
Permission to appeal was granted by Designated Judge of the First-tier Tribunal Shaerf on March 2, 2016 on the basis the respondent had not had an opportunity to consider the Judge's decision and the decision should have been remitted back to her for a lawful decision.
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