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The Appellant is a Pakistan national born on 7 th September 1994. The Appellant applied for a certificate of entitlement to the right of abode in the UK and her application was considered pursuant to Section 2 of the Immigration Act 1971. On 7 th May 2014 the Entry Clearance Officer refused the application on the basis that on the balance of probability the Secretary of State was not satisfied that the certificate of registration and the UK birth certificate provided by the applicant related to her.
The Appellant appealed and the appeal came before Judge of the First-tier Tribunal Nicol sitting at Manchester on 3 rd June 2015. In a determination promulgated on 12 th June 2015 the Appellant's appeal was allowed under the Immigration Act.
There does not appear to be any Rule 24 response served in this matter. I note that this is an appeal by the Secretary of State. For the purpose of continuity throughout the appeal process however Ms Bibi is referred to herein as the Appellant and the Secretary of State as the Respondent. The Appellant appears by her instructed Counsel Miss Barton. Miss Barton is familiar with this matter having appeared before the First-tier Tribunal. The Secretary of State appears by her Home Office Presenting Officer Mr Harrison.
I recite these grounds from the written Grounds of Appeal because Mr Harrison as the basis of his submissions does no more than rely upon them.
Areas of legislative interpretation, failure to follow binding authority or to distinguish it with adequate reasons, ignoring material considerations by taking into account immaterial considerations, reaching irrational conclusions on fact or evaluation or to give legally inadequate reasons for the decision and procedural unfairness, constitute errors of law.
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