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The Secretary of State was granted permission to appeal, in essence on the basis that Khatel had been overturned by the Court of Appeal. There is no dispute that Khatel has been overturned and it was agreed by the parties before me that the decision of the First-tier Tribunal to allow the appeal as not being in accordance with the Immigration Rules was an error and I therefore set aside the First-tier Tribunal determination insofar as allowing the appeal under the Immigration Rules is concerned. I re-make that decision and dismiss the appeal under the Immigration Rules.
There was no challenge by Mr Baraju to the First-tier Tribunal�s decision to dismiss the appeal on human rights grounds and that decision of the First-tier Tribunal therefore stands. There was no challenge by the Secretary of State to the First-tier Tribunal decision that the decision was not in accordance with the law because of the failure by the Secretary of State to apply her flexibility policy. That decision therefore stands.
In summary the First-tier Tribunal decision that the appeal is allowed under the Immigration Rules is set aside and in remaking dismissed; the decision that the decision of the Respondent was not in accordance with the law stands.
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