UI2022003368

       This is the re-making of the decision in the appellant's appeal, following the setting aside, in a decision promulgated on 19 October 2023, of the decision of First-tier Tribunal Judge Lewis.

       The appellant sought, and was granted, permission to appeal against Judge Lewis' decision. He brought the appeal on grounds of unfairness and challenged the judge's findings on his asylum claim and on long residence.

       The appeal came before myself and Deputy Upper Tribunal Judge Keith on 19 October 2023. In our decision we observed that the subject access request contained considerable information about the appellant's life in the UK " including what seems on the face of the papers evidence capable of showing that he was in the UK from 2002 " and noted that the material had been in the possession of the Home Office for some time and that we were unable to find any reference to the material having been previously considered by the Home Office.

       Ms Everett, for the respondent, conceded that there was an error of law in Judge Lewis's decision " as he was clearly not provided with all of the relevant material ". On the basis of that concession the appellant's representatives stated that the other matters in relation to procedural fairness were not pursued, neither were the asylum or Article 3 appeal. Therefore, the sole issue remaining in the appeal was the Article 8 determination on the 20 year residence route.

" 10. On the face of the papers, if genuine, there may be sufficient evidence to show that the appellant has been residing in the UK for over 20 years.