IA014842014

The appellant is the Secretary of State for the Home Department to whom in this determination I shall refer as �the Claimant�.

The respondent was born on 16 th October, 1987 and is a citizen of Bangladesh. He appealed to the First-tier Tribunal against the appellant�s decision, taken on 10 th December, 2013, to seek the removal of the respondent from the United Kingdom by way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006, following the refusal of the respondent�s application to vary his leave to remain in the United Kingdom.

The respondent�s appeal was heard by First-tier Tribunal Judge Traynor at Hatton Cross on 16 th June, 2014, and in a determination promulgated on 20 th June, 2014, the judge allowed the respondent�s appeal, asserting that the Claimant�s decision was not in accordance with the law.

The judge noted that the Claimant�s decision was made in ignorance of the fact that the respondent had provided a valid English language certificate confirming his proficiency and that the Claimant, in failing to apply the provisions of paragraph 245AA, had denied the respondent the opportunity of considering his application under discretionary powers vested in the Claimant. The judge concluded that she would allow the appeal to the extent that she purported to � quash the respondent�s decision of 10 th December, 2013 �.

The Claimant appealed the judge�s decision and First-tier Tribunal Judge Colyer believed that it was arguable that the judge had made a material error of law.