VA054722014

For the Appellant (the Secretary of State): Mr Wilding (Home Office Presenting Officer)

This is the Secretary of State for the Home Department's appeal against the decision of First-tier Tribunal Judge Oxlade promulgated on the 2 nd June 2015. Throughout this decision, the Appellant will be referred to as the as "the Secretary of State" and Mr Gyamfi will be referred to as "the Claimant", for the purposes of clarity.

It was further argued within the Grounds of Appeal that the Judge failed to have regard to statutory public interest considerations set out by section 117 B of the Nationality, Immigration and Asylum Act 2002, and that proportionality exercise has not been carried out following the decision in Razgar.

Permission to appeal was granted by Judge of the First-tier Tribunal Andrew on the 19 th August 2015, when he found that "It is arguable that there is an error of law in the Judge making the decision that he did in view of the fact that there is no right of appeal against the decision made by the Respondent other than, in this case, on human rights grounds and this was dismissed by the Judge". This is the only reason stated within the grounds before appeal for permission being granted. It was on this basis that the appeal came before me in the Upper Tribunal.

Mr Wilding further argued that there was no cross appeal on behalf of the Claimant and no Rule 24 notice had been filed by the Claimant and that there was no authority to say that the whole case should be reconsidered upon the First-tier Tribunal decision being set aside as a result of an error of law and that it was nonsense to say that the question of Article 8 needed to be considered afresh.