IA226672014

The Appellant ( the Secretary of State) appealed with permission granted by First-tier Tribunal Judge Heynes on 19 February 2015 against the determination of First-tier Tribunal Judge S J Clarke who had allowed (to the limited extent of finding that the Secretary of State �s decision was not in accordance with the law) the Respondent�s appeal against refusal of her application to remain in the United Kingdom on Article 8 ECHR grounds in a decision and reasons promulgated on 29 December 2014.

Permission to appeal was granted because it was considered that it was arguable that the judge had erred in law over the question of whether the Secretary of State ought to have awaited the submission of a medical report which did not in fact arrive for nine months after the application for leave to remain had been submitted, i.e., that the Secretary of State had followed her guidance in the absence of the report.

Standard directions were made by the tribunal, indicating that the appeal would be reheard immediately if a material error of law were found.

Notice under rule 24 was served on behalf of the Respondent contesting the onwards appeal on the basis that the judge�s findings were correct and that the Secretary of State was on notice that the medical evidence was incomplete.

Ms Brocklesby-Weller for the Appellant relied on the grounds of onwards of appeal and the grant of permission to appeal. She submitted that there had been no diagnosis of Post-traumatic Stress Disorder as at the date of the Secretary of State �s decision. The Respondent �s representatives had not complied with the procedures required. The policy guidance had been followed as the judge ought to have found. The judge should have gone on to dismiss the appeal outright.