IA016252014

The Appellant is a citizen of Turkey, born on 1 st January 1971. He appealed against the decision of the Respondent dated 16 th August 2013 refusing him indefinite leave to remain in the United Kingdom on human rights grounds. His appeal was heard by Judge of the First-tier Tribunal Malins on 10 th September 2014 and dismissed in a determination promulgated on 24 th September 2014.

The error of law hearing was listed to take place on 11 th December 2014. At that hearing an issue arose as to whether the appellant in this claim has an in country right of appeal. The following directions were given orally at the hearing.

�The Tribunal must establish whether the certificate contained in the notice of decision in paragraph 26 of the reasons for refusal letter has been withdrawn. Counsel�s brief was endorsed to the effect that the Presenting Officer conceded that the Appellant had an in country right of appeal however there is nothing on the Home Office�s file or the Presenting Officer�s minute to this effect.

The Tribunal will hear argument and consider any evidence on this issue which the parties wish to submit. Any such evidence should be filed and served no later than fourteen days before the hearing. It may be that the issue could be resolved between the parties. If it transpires a concession was made regarding the right of appeal, the representatives should be prepared to argue whether such a concession could be made and its effect.�

The notice of immigration decision dated 6 th December 2013 which was before the First-tier Tribunal states