Terra Firma Chambers' Stephen Winter has been successful in reducing an Upper Tribunal decision denying permission to appeal a decision by the Home Office to refuse an application for leave to remain.  The second appeals test having been satisfied at permission stage, the Court of Session found that the Upper Tribunal had erred in law when refusing to grant permission to appeal to itself.

The case concerned a British national who had married an Indian national.  The Home Office refused the petitioner's leave to remain application.  The Petitioner appealed to the First Tier Tribunal but the appeal was refused.  He then sought permission to appeal to the Upper Tribunal which was also refused.  The Court of Session found that the Upper Tribunal had not properly addressed the grounds of appeal which averred a contradictory approach being taken by the First Tier Tribunal when assessing the case.  The matter will now be remitted to the Upper Tribunal for further procedure.

The judgement can be read in full by following this link.