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"I find in this case that it is arguable that adequate reasons have not been given for allowing the appeal ( MK (Duty to Give Reasons) Pakistan [2013] UKUT 00641) . In those circumstances there is an arguable error of law and permission to appeal is granted."
Finally Mr Smart said that the judge had not found specifically that there was a parental relationship between the Claimant and the children. He contended that a parental relationship must involve the claimed male parent being either the actual father of a child or the adoptive father. The judge had not made an express finding in that respect.
I reserved my decision having heard those submissions, which I now give. In the light of the concession made by the Presenting Officer at the hearing the judge cannot be criticised for not considering the appeal in the light of the Immigration Rules, even though it is now apparent from Singh that the Rules should be considered first. I noted that at paragraph 24 of his decision the judge stated
(Sections 12(3)(a) and 12(3)(b) of the Tribunals Courts and Enforcement Act 2007).
(1) The members of the First-tier Tribunal who are to reconsider the case should not include First-tier Tribunal Judges J C Boyd or A R Williams.
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