United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

Asylum and Immigration tribunal-b&w-tiff

 

Upper Tribunal

(Immigration and Asylum Chamber) UI-2021-000541

EA/02449/2021

 

 

THE IMMIGRATION ACTS

 

 

Heard at George House, Edinburgh	Decision & Reasons Promulgated
on 15 June 2022	on 1 August 2022

 

Before

 

UPPER TRIBUNAL JUDGE MACLEMAN

 

 

Between

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant

And

 

JOAQUIN LOSADA GRISALES

Respondent

 

 

For the Appellant: Mr P Deller, Senior Home Office Presenting Officer, attending remotely

No appearance by or for the respondent

 

 

DETERMINATION AND REASONS

1.              FtT Judge Roe allowed the respondent's appeal (FtT reference EA/02449/2021, decision promulgated on 5 August 2021). On 4 October 2021 UT Judge Bruce granted the SSHD permission to appeal, in light of Akinsanya [2022] EWCA Civ 37. Procedure has been prolonged while the SSHD has been considering her position.

2.              The SSHD published revised guidance on 13 June 2022. In that light, and under the circumstances of the case, Mr Deller explained that the SSHD does not seek to continue with her challenge.

3.              The SSHD's appeal to the UT is dismissed. The decision of the FtT stands.

4.              No anonymity direction has been requested or made.

 

 

 

H Macleman

 

15 June 2022

UT Judge Macleman

 

NOTIFICATION OF APPEAL RIGHTS

1. A person seeking permission to appeal against this decision must make a written application to the Upper Tribunal. Any such application must be received by the Upper Tribunal within the appropriate period after this decision was sent to the person making the application. The appropriate period varies, as follows, according to the location of the individual and the way in which the Upper Tribunal's decision was sent:

2. Where the person who appealed to the First-tier Tribunal is in the United Kingdom at the time that the application for permission to appeal is made, and is not in detention under the Immigration Acts, the appropriate period is 12 working days (10 working days, if the notice of decision is sent electronically).

3. Where the person making the application is in detention under the Immigration Acts , the appropriate period is 7 working days (5 working days, if the notice of decision is sent electronically).

4. Where the person who appealed to the First-tier Tribunal is outside the United Kingdom at the time that the application for permission to appeal is made, the appropriate period is 38 days (10 working days, if the notice of decision is sent electronically).

5. A "working day" means any day except a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday.

6. The date when the decision is "sent' is that appearing on the covering letter or covering email.