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This appeal comes before me following the grant of permission to the respondent by First-tier Tribunal Judge Hollingworth on 4 November 2014 in respect of the determination of First-tier Tribunal Judge N M K Lawrence who allowed the appeal of this appellant to the limited extent that the matter was remitted to the respondent for a lawful decision. The determination was promulgated on 27 August 2014. For ease of reference, I continue to refer to the Secretary of State as the respondent.
Having considered Ms Allen's submissions, Mr Melvin accepted that they had merit although he did not accept that it had been shown that the appellant would succeed in her application even if the correct rule was considered.
The First-tier Tribunal Judge did not make an error of law. I uphold his decision to allow the appeal to the extent that it is remitted to the Secretary of State for a lawful decision to be made.
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