Decision of the Court of Appeal
10. On further appeal the Secretary of State ultimately conceded that the decision of the UT was unsustainable in law. The Statement of Reasons accompanying the order of the Court of Appeal dated 02 June 2016 records, in material part:
“… The decision of the Upper Tribunal is flawed to the extent that it did not fully consider the question of the immigration law of India.”
The court ordered that the appeal be remitted to a different constitution of the UT, with no findings of fact preserved.