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The appellants, Fatima Usman Gulumbe, date of birth 25.7.83, and her children, Naseeb Aminu, date of birth 25.10.09, and Samir Aminu, date of birth 11.12.07, are citizens of Nigeria.
This is the appeal of the Secretary of State against the determination of First-tier Tribunal Judge Flower promulgated 23.6.14, allowing the appeals of the claimants against the decisions of the Secretary of State to refuse their applications for entry clearance to the United Kingdom as the partner and children of the sponsor Mr Aminu Argungu Umar. The Judge dealt with the appeal on the papers on 6.6.14.
There was no jurisdiction for the judge to hear the appeals of the claimants. That is because by the date of the appeal hearing, the Secretary of State had withdrawn the decisions and issued entry clearance on 17.2.14.
It follows that there was no extant immigration decision against the claimants and thus there could be no appeal against a withdrawn decision.
The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law such that the decision should be set aside.
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