IA171572013

I must first decide if the decision of the Judge contained an error on a point of law so that it should be set aside.

The Judge dismissed the appeal under the provisions of paragraph 245DD(b) of HC 395 because the Appellant had failed to score sufficient points under Appendix A. This was because the Appellant had failed to score sufficient points under the section headed �Creation of jobs in the UK� as the employee Salma Salama was not a settled worker. That decision is not impugned in this appeal.

The Judge went on to recommend that nevertheless the Appellant should be granted leave to remain. His reasons for that decision are given at paragraphs 16 to 20 inclusive of his Determination. He found that the Appellant had employed Salma Salama, her daughter, upon wrong advice given by the Respondent and that therefore the Appellant had had a legitimate expectation that her application for leave to remain would not be refused as a consequence of employing her daughter.

At the hearing, it was agreed between the representatives that the Judge had erred in law by dealing with the issue by way of making a recommendation whereas he should have found that the Respondent�s decision was not in accordance with the law and allowed the appeal accordingly. I so find.

Having found that the decision of the Judge contained an error on a point of law I proceeded to re-make the decision of the First-tier Tribunal. It was again agreed between the representatives that for the reasons given above the decision of the Respondent was not in accordance with the law and that the appeal should be allowed accordingly. I concur.