UI2024001561

       Following a hearing at Manchester Civil Justice Centre on 2 August 2024 the Upper Tribunal set aside the determination of the First-tier Tribunal and gave directions for the future management of this appeal.

       Those directions provided for the Appellant to provide an updated bundle containing all the documentary evidence she was seeking to rely upon no later than 4 PM 30 August 2024, and for the Secretary of State, no later than 4 PM 13 September 2024, to provide a positional statement setting out whether she intends to continue to oppose the appeal and/or provide any other relevant information.

       The Tribunal is grateful to Mr Bates, the Senior Home Office Presenting Officer with conduct of this matter, who has provided a positional statement in the following terms:

The SSHD was directed [8.8.2024] to provide a concise position statement by 4pm on 13.9.2024. The SSHD can confirm receipt of the skeleton argument [3.9.2024] and Appellant's consolidated bundle [3.9.2024]. The SSHD therefore sets out below their position as to disposal of the appeal.

              The re-served refusal decision of 27.10.2021 (that dated 13.8.2020 having not been received due to incorrect service) was premised upon established dishonesty thus failure to meet suitability; consequently, the Appellant failed to meet IR 276B(ii)(c) & (iii). The failure to meet S-LTR 1.6 was fatal to both the Family Life 10yr partner route and the 10yr private life route. The application of IR 322(5) was also premised upon the previous finding of dishonesty.