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The Appellant appealed that decision and the matter came before Judge of the First-tier Tribunal Housego sitting at Hatton Cross on 11 August 2016. He dismissed the appeal finding that the Appellant, M and Ms [K] were all citizens of Pakistan and could be expected to return there. The Appellant appealed against that decision and a material error of law was found by Upper Tribunal Judge Lane sitting at Field House on 3 March 2017.
The Judge noted at [27], in the light of the authority of MH [2010] UKUT 439 that it was the practice where there were family proceedings for an immigration appeal to be allowed pursuant to Article 8 rather than for the proceedings to remain within the Tribunal system to be adjourned perhaps more than once. The Respondent would normally grant a short period of discretionary leave bearing in mind any relevant facts found by an immigration Judge.
The Respondent appealed against that decision arguing that the First-tier had failed to take into account that M was not a qualifying child. Ms [K] had been served with form IS 96 indicating an intention to remove her. The First-tier had speculated about whether the Appellant would be able to maintain contact with M in Pakistan when there was no evidence of the Family Court or other systems in Pakistan. M had no status in this country and may well be liable to removal with Ms [K] when her appeal concluded.
The application for permission to appeal came on the papers before Judge Boyes on 28 February 2018. In granting permission to appeal he wrote that it was arguable that the Judge had erred in reaching the decision to allow the appeal in light of the fact that M was not British had no status in the United Kingdom and was likely to be removed from the United Kingdom with Ms [K].
In consequence of the grant of permission to appeal the matter came before me to consider in the first place whether there was a material error of law such that the determination fell to be set aside. If there was then the decision would be remade. If there was not then the decision at first instance would stand.
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