IA269152014

The Appellant appealed and the appeal came before Judge of the First-tier Tribunal Parker sitting at Manchester on 18 th September 2014. In a determination promulgated on 2 nd October 2014 the Appellant's appeal was allowed both under the Immigration Rules and pursuant to Article 8 of the European Convention of Human Rights.

On 5 th December 2014 Judge of the First-tier Tribunal Grimmett granted permission to appeal. Judge Grimmett notes there are errors in the Grounds of Appeal. Firstly the grounds wrongly suggest there are three Appellants and secondly the Respondent asserts that the judge erred in failing to consider whether there were arguably good grounds for considering Article 8. Judge Grimmett points out that such a test is not however required referring to the authority of R (MM and Others) v SSHD [2014] EWCA Civ 985 .

However, Judge Grimmett went on to note that the application by the Respondent as to whether the judge was wrong to go on to consider Article 8 was arguable as at paragraph 18 the judge found that the Appellant did not meet the requirements of the Rules but at paragraph 20 of his determination found that she did. There did not appear to be any Rule 24 response served in reply on behalf of the Appellant.

In such circumstances the correct approach was to set aside the decision and to give directions for the rehearing of this matter. However, I was persuaded by both legal representatives that the findings of fact should stand save for the evidence with regard to ties and in such circumstances the correct approach was for me to retain the matter within the Upper Tribunal and to ask the administration to list the matter for rehearing before me on the first available date. Directions were attached regarding that rehearing.

The directions I gave were that whilst the decision of the First-tier Tribunal contained a material error of law and was set aside, the findings of fact were to stand save for evidence relating to the Appellant's ties to Nigeria and that there be leave to the parties to submit further witness evidence solely relating to this fact and that the Appellant and the Sponsor do attend for the purpose of cross-examination. I further directed that save for evidence given with regard to the issue of the Appellant's ties to Nigeria the matter be addressed by way of submission only.