Case No. UKUT-00629-(IAC)

3. By its decision promulgated on 23 September 2013, the FtT allowed the Respondent’s appeal. It did so on the single ground that the deportation order (dated 17 June 2013) preceded the decision to deport (dated 27 June 2013). This decision was based on an analysis of various decisions of the 2007 Act and the Nationality, Immigration and Asylum Act 2002 (the “ 2002 Act ”). Having made this conclusion, the FtT declined to determine the second ground of appeal, which was based on Article 8 ECHR. It formulated its decision in these terms: “ The Respondent’s decision to deport Mr Greenwood dated 24 June 2013 is not in accordance with the law. Given the fundamental nature of the Respondent’s error, we remit the matter back to the Respondent for the error to be remedied. We, therefore, do not proceed to decide the substance of the Article 8 appeal. We allow the appeal against deportation to the aforementioned extent only. ” 4. We shall comment infra on the FtT’s election to decide the appeal in part only.