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For the Respondent: Mr R Hussain, Counsel instructed by Edward Alam & Associates
The appellant in these proceedings is the Secretary of State. However, I refer to the parties as they were before the First-tier Tribunal ("FtT").
The appellant is a citizen of Bangladesh, born on 17 April 1996. She arrived in the UK with entry clearance as a visitor on 18 September 2013. She made an application on 20 February 2014 for leave to remain on Article 8 grounds. That application was refused in a decision dated 17 April 2014.
She appealed against that decision and her appeal came before First-tier Tribunal Judge O'Keefe on 4 June 2015 whereby she dismissed the appeal under the Immigration Rules but allowed it under Article 8 of the ECHR. The Secretary of State's appealed against the decision of the FtT is in terms of Article 8. There was no cross-appeal on behalf of the appellant in relation to the appeal having been dismissed under the Immigration Rules.
After a hearing in the Upper Tribunal on 17 November 2015, Deputy Upper Tribunal Judge Froom ("DUTJ Froom") found that the decision of the FtT involved the making of an error on a point of law. Its decision was set aside, for the decision to be re-made in the Upper Tribunal. The error of law decision by Judge Froom is annexed to my decision.
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