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The Appellant appealed and the appeal came before Judge of the First-tier Tribunal Clarke sitting at Hatton Cross on 3 rd November 2015. That appeal was dealt with on the papers and in a decision and reasons promulgated on 9 th December 2015 the Appellant's appeal was allowed under the Immigration Rules.
On 13 th May 2016 Judge of the First-tier Tribunal P J M Hollingworth granted permission to appeal. No Rule 24 response has been filed or served by the Appellant.
Ms Aidoo indicates that she appreciates what is being said in that the issue before me is one of law and indicates that the Appellant went back to Ghana having been told of the death of her brother last September. She believes that Ms Mensah would like to return to the UK and she had received the notice that her appeal had been successful. She indicates that she is very much in the hands of the court.
Mr Norton relies on the Grounds of Appeal. He indicates this is purely a matter of law and that the Secretary of State does not challenge the favourable findings by the judge. He further indicates in a most helpful concession that he does not object to the decision herein being attached to any subsequent application that the Appellant may make.
Areas of legislative interpretation, failure to follow binding authority or to distinguish it with adequate reasons, ignoring material considerations by taking into account immaterial considerations, reaching irrational conclusions on fact or evaluation or to give legally inadequate reasons for the decision and procedural unfairness, constitute errors of law.
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