UI2023004905

                  By a decision promulgated 23 February 2024, I found an error of law in the decision of First-tier Tribunal Judge Moffatt itself promulgated on 25 August 2023 allowing the Appellant's appeal against the Respondent's decision dated 11 February 2022 refusing the Appellant's human rights claim. My error of law decision is annexed hereto for ease of reference.

                  I gave directions which included a requirement on the Respondent to provide a supplementary decision setting out his position on the suitability requirement under Paragraph 276ADE(1)(iii). That supplementary decision is dated 19 February 2024 ("the Supplementary Decision"). It confirms that the Respondent considers that the Appellant cannot meet paragraph S-LTR.2.2(a) of Appendix FM to the Rules. Accordingly, he cannot meet Paragraph 276ADE(1)(iii).

                  Mr Dali gave oral evidence in English and was cross-examined. Again, I have considered all his evidence but refer only to that which is relevant to the issue I have to determine.

                  Having heard submissions from Ms Ferguson and Mr Avery, I indicated that I would reserve my decision and provide that in writing which I now turn to do.

                  I have preserved Judge Moffatt's findings other than that which found that the Appellant met Paragraph 276ADE(1)(iii). As such, it is accepted that the Appellant meets the other parts of that rule which is now to be found in Appendix Private Life to the Rules ("Appendix PL"). The parts of Appendix PL relevant to this appeal are as follows: