Case No. UKUT-00015-(IAC)

6. By its decision dated 10 April 2014 the FtT allowed the Appellants’ appeals. This brief decision contains no consideration whatsoever of the legal issues or the merits generally. While the judge professed to find that the Secretary of State’s decision was “ not in accordance with the law” , and appeared to remit the case to the Secretary of State for s fresh decision, the sole basis for the tribunal’s decision was that the Secretary of State had failed to comply with earlier case management directions. On 04 June 2014 the Upper Tribunal set this decision aside and remitted the appeals for a fresh decision by FtT. 7. This gave rise to a further decision of the FtT, dated 23 January 2015. The FtT decided as follows: (a) Mr Chin was a “foreign criminal” within the meaning of the 2007 Act notwithstanding his BOC status. (b) Mr Chin relinquished his Malaysian nationality on 23 November 2006. (c) Mr Chin is not stateless: this part of the judgment is unreasoned and is followed by a long quotation from the Home Office Policy on BOCs, which is left in limbo without further analysis or consideration or findings. (d) The deportation decisions were harmonious with the Article 8 regime of the Rules. (e) Returning to the Home Office Policy in the penultimate section of the judgment, the Tribunal noted the following four matters: Mr Chin had never presented a letter from the Malaysian authorities indicating that he could not be returned to Malaysia; he had not applied for a visa to enter Malaysia; he has never attempted to enter Malaysia voluntarily; and, finally, the Malaysian government has provided written confirmation to the United Kingdom government that BOCs who have renounced their citizenship can return to Malaysia and begin steps to re-acquire their Malaysian nationality – and, specifically, could apply for a five year residence authorisation, designed to lead to citizenship, before leaving the United Kingdom. The appeal was dismissed accordingly.