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Whereas the original respondent is the appealing party, I shall, in the interests of convenience and consistency, replicate the nomenclature of the decision at first instance.
The appellants appealed on March 17, 2014, under section 82(1) of the Nationality, Immigration and Asylum Act 2002.
The matter came before Judge of the First-tier Tribunal Khan (hereinafter referred to as the �FtTJ�) on November 5, 2014 and in a decision promulgated on November 21, 2014 he found the discretionary policy was not exercised properly in the appellants� favour and allowed the appeal on article 8 human rights grounds
a. The FtTJ erred by failing to remit the decision back to the Entry Clearance Officer as the Tribunal did not have the power to allow an appeal when the power was discretionary.
b. The FtTJ erred by dealing with the article 8 claim in light of the fact the substantive decision was found to be unlawful.
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