IA220802014

The appellant is a citizen of Pakistan who appealed against the decision to refuse him leave to remain as a Tier 1 (Entrepreneur) under paragraph 245DD(h) of the Immigration Rules. The appellant had applied for leave on 25 February 2014 and his application was refused on 7 May 2014. His appeal against that refusal was dismissed by Judge of the First-tier Tribunal Watt ("the FTTJ") on 15 September 2015.

The appellant sought permission to appeal on the ground that the FTTJ had considered new evidence contrary to s85A of the Nationality, Immigration and Asylum Act 2002; had ignored the respondent's concerns about plagiarism; had not considered whether payments were corroborated in the bank statements; in making a findings that the appellant had not charged VAT, had failed to take account of the evidence that his income was below the VAT threshold; and failed to make an assessment of the appellant's background and experience pertaining to the business.

Permission to appeal was granted by Upper Tribunal Judge Goldstein on 9 March 2016, as follows:

"1. The renewed grounds continue to rely upon the original grounds submitted in support of the first application for permission to appeal, but also challenge the reasoning of the First-tier Tribunal judge who refused permission.

I am therefore persuaded that notwithstanding that the Judge reached both positive and negative findings on the evidence tendered by the appellant at the hearing to which it does not appear that the Presenting Officer raised an objection, that in all the circumstances permission to appeal on all of the grounds should be granted."