IA181902013

This is an appeal by the Secretary of State against the decision of First-tier Tribunal Judge C H Bennett who, sitting at Taylor House on 24 January 2014 and in a determination subsequently promulgated on 6 February 2014 allowed the appeal of the Respondent (hereinafter called the Claimant), a citizen of Indonesia, born on 3 December 1976, against the decision of the Secretary of State dated 13 May 2013 refusing her application for variation of her leave to enter or remain in the United Kingdom.

The Secretary of State sought permission to appeal the decision, the grounds of which contended that First-tier Judge Bennett was procedurally unfair in inter alia refusing the Secretary of State�s adjournment request and in materially misdirecting himself in law in finding that the removal directions under Section 47 of the Immigration, Asylum and Nationality Act 2006, were unlawful.

It would be as well for the sake of completeness, to set out in full, the grounds in support of that application:

� The Judge notes that this case was listed as a �float case� and the representative for the Secretary of State, Miss Carver, had no papers in relation to this case and was without instructions regarding why the decision to refuse did not make reference to Immigration Rule 159 (paragraph 6 of the determination). Miss Carver requested an adjournment in relation to whether Immigration Rule 159 had been considered by the Secretary of State.

The Secretary of State refused the application to vary leave on 13 May 2013 and at the same time made a removal decision under s47 of the Immigration, Asylum and Nationality Act 2006. The Judge finds (paragraph 10 of the determination) that the decision under s47 was unlawful following Ahmadi [2013] EWCA Civ 512 . However the decision to remove under s47 was taken after 8 May 2013 and by virtue of s51 of the Crime and Courts Act 2013, the s47 decision made on 13 May 2013 is lawful .�