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Although this is an appeal by the Secretary of State I will refer to the parties as they were before the First-tier Tribunal.
Permission to appeal was granted by Judge of the First-tier Tribunal Kelly on the 9 th October 2014 on the basis that it was arguable that the First-tier Tribunal had erred in law as the refusal raised the issue of intention to return under paragraph 41 of the Immigration Rules and the First-tier Tribunal had not dealt with it in the determination.
The matter came before me to determine whether the First-tier Tribunal had erred in law.
Mr Jarvis relied upon the grounds of appeal. These contended that it was an error of law for the First-tier Tribunal not to deal with the appellant�s intention to return when this was raised in the refusal notice.
Mr Kamal accepted that the determination did not deal with this issue, although he felt the issue had been aired in the hearing before Judge McDade
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