Case No. UKUT-00015-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00015-(IAC)

Fecha: 22-Dic-2016

[2011] UKSC 12

). This duty was not performed, either at the time of making the deportation decision or when several opportunities to do so presented themselves subsequently at the review stages which materialised. All of these errors are perpetuated in the written and oral submissions advanced on behalf of the Secretary of State. 29. Given the errors of law in the Secretary of State’s decision diagnosed above, the decision of the FtT cannot stand and is hereby set aside. No further hearing is required in order to determine the appeal (an issue which I canvassed with the representatives at the conclusion of the hearing). The Secretary of State’s decision is unsustainable in law and the appeal succeeds accordingly. The result is that a lawful decision has not yet been made in this case. It is now incumbent on the Secretary of State to reconsider the series of decisions and position statements in the history of this case and to make a lawful decision, duly guided by this judgment.