OA157912013

This matter comes before us for consideration as to whether or not there is a material error of law in the determination by the First-tier Tribunal (Judge Wiseman) promulgated on 30 May 2014. Judge Wiseman dismissed the appeal against a refusal of entry clearance as a returning resident and under Article 8 ECHR in a decision made by the respondent on 17 July 2013.

The brief background facts are as follows. The appellant lived in the UK with leave from September 2002 until March 2012. In a decision dated 13 December 2011 the respondent refused indefinite leave to remain as a work permit holder under paragraph 134(iv) of the Immigration Rules, finding that the appellant had failed to establish that he was paid the appropriate rate as specified in the occupational codes. No appeal right arose from that decision as the appellant had extant leave until 20 March 2012.

The appellant did not make a further application to extend his leave but in March 2012 returned to India because his father was seriously ill. His leave to remain in the UK expired on 20 March 2012. His UK employment was terminated on 26 March 2012 as he no longer had leave to enter or remain.

The appellant issued judicial review proceedings in relation to the decision of 13 December 2011, relying on the judgement in Alvi v SSHD [2012] UKSC 33 , issued on 18 July 2012 . After permission was granted, on 17 April 2013 the respondent made a new decision to refuse indefinite leave to remain. No appeal right arose from that decision.

The appellant then applied for entry clearance as a returning resident and on Article 8 grounds but this was refused on 17 July 2013. That decision is the subject of this appeal.