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The Secretary of State for the Home Department brings this appeal to the Upper Tribunal but in order to avoid confusion the parties are referred to as they were in the First-tier Tribunal.
This is an appeal by the Secretary of State against a decision of First-tier Tribunal Judge Bradshaw, promulgated on 19 August 2014, which allowed the appellant's appeal to the extent that the case was remitted to the respondent to consider the appellant's case on the basis of the law prior to the amendment to the Immigration Rules which came into force on 9 July 2012.
The appellant was born on 4 May 1958. He is a citizen of Pakistan. He entered the UK on 14 February 2007 with entry clearance as a work permit holder. That entry clearance was valid until 19 December 2010. On 16 May 2008, the appellant's wife and two children (the oldest of whom has now attained majority) entered the UK as the appellant's dependents. The appellant, his wife and his children have remained in the UK even though their leave to do so expired on 19 December 2010.
On 22 June 2011, the appellant sought leave to remain in the UK under Article 8 ECHR. That application was refused by the respondent on 23 August 2011. On 7 May 2014, the appellant submitted a further claim to the respondent, seeking leave to remain in terms of Articles 3 and 8 ECHR. On 20 May 2014, the respondent refused the appellant's application. On 24 May 2014, the respondent served a decision to remove the appellant, together with separate decisions to remove the appellant's wife and one of the appellant's sons. Only the appellant appealed against the respondent's decision to remove.
The appellant appealed to the First Tier Tribunal. First Tier Tribunal Judge Bradshaw ("the Judge") allowed the appellant's appeal but only to the extent that he directed the respondent to consider the application made by the appellant on the basis of the law prior to the amendment to the Immigration Rules, introducing Appendix FM to the Rules from 9 July 2002. The Judge placed reliance on the case of Edgehill [2014] EWCA Civ 402 .
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