UI2022001378

      We are remaking the decision in this appeal following the setting aside of the decision of the First-tier Tribunal with no facts formally preserved.

      The appellant applied for leave to remain as a partner. Her application was considered under Appendix FM and Article 8 and was refused by the respondent. The reason was her lack of immigration status.

      On appeal, the refusal was maintained by First tier Tribunal Judge Clapham in a determination dated the 9 th of February 2022. Permission to appeal to the Upper Tribunal was refused by both tribunals. It was subsequently granted by the Vice President of the Upper Tribunal following a joint minute of the Court of Session.

      Following a hearing the 8 th of October 2024, in a decision promulgated on the 20 th of December 2024, Upper Tribunal Judge Rintoul found a material error of law in the decision of First tier Tribunal Judge Clapham and set it aside, with the decision to be remade in the Upper Tribunal. Upper Tribunal Judge Rintoul found First tier Tribunal Judge Clapham had compartmentalised matters rather than considered matters cumulatively. Related to this, he found the First tier Judge did not give proper consideration to the case of Chikwamba v SSHD [2008] UKHL 40 .

      By order dated the 20 th of December 2024, Principal Resident Judge Blum of the Upper Tribunal decided it was not practical for the original tribunal to complete the hearing without undue delay and permitted the appeal to be heard by a differently constituted tribunal.