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The respondent, dissatisfied with the decision, challenged the judge�s determination and was granted permission to appeal by Designated Judge of the First-tier Tribunal J M Lewis.
On 3 rd October, 2013, I heard submissions from the representatives and set aside Immigration Judge Delaney�s determination. A copy of my reasons for that finding are set out in the appendix to this determination.
At the hearing before me I explained that I had no up to date bundle. The Presenting Officer told me that he had received a bundle, but only by facsimile on the morning of the hearing. Counsel gave me his bundle.
Counsel explained that the appellant's mother has difficulty in giving evidence. He advised me that it was accepted that the appeal could not succeed under the Immigration Rules and that reliance was placed on the appellant's Article 8 ECHR rights. He explained that it was also accepted that the appellant's Article 8 appeal could not succeed under the Immigration Rules, which were not applicable.
I heard oral evidence from Shufia Besgum. She and the interpreter both confirmed to me that they understood each other. She confirmed her full name and address. The sponsor told me that she was feeling well enough to give evidence.
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