UI2024001742

             The Secretary of State appeals with the permission of Upper Tribunal Judge Pickup against the decision of First-tier Tribunal Judge Parkes. By his decision of 7 March 2024, Judge Parkes ("the judge") allowed Mr Shadrack's appeal against the Secretary of State's refusal of his human rights claim.

             The parties have considered their respective positions since the Upper Tribunal granted permission to appeal and I have today been presented with a draft consent order which is signed by both parties. A copy of that draft order is appended to this decision. Rather than simply endorsing it, I considered it to be necessary to issue this short decision without a hearing, under rule 34, which is a course to which both parties have impliedly agreed.

             I agree with the parties that the judge erred in law in finding that Mr Shadrack was able to meet the Immigration Rules. As observed at [4] of the draft order, he was unable to do so because he had not lived in the United Kingdom for more than 20 years at the date of application , as required by the relevant rule. The parties accept that the judge's decision to allow the appeal on that basis must therefore be set aside. I agree, and I shall so order.

             There is, however, no dispute between the parties as to the sustainability of the judge's finding that Mr Shadrack has indeed been in the United Kingdom for more than 20 years. The Secretary of State is evidently content, on the facts of this case, for that finding to carry the day in the necessary assessment under Article 8 ECHR, and for the Upper Tribunal to substitute a decision to allow his appeal on that basis.

             Given that the Secretary of State does not seek to submit that there are any countervailing proportionality considerations in this case, I am satisfied that the appropriate course is as suggested jointly by the parties. I will therefore remake the decision on the appeal without a further hearing, by allowing it on Article 8 ECHR grounds.