IA185822013

The respondent to this appeal, Ms Nithya Kumari Pudhumalai Ramesh, is a citizen of India born on 2 June 1988. The appellant is the Secretary of State for the Home Department, who has appealed with the permission of the First-tier Tribunal against a decision of Judge of the First-tier Tribunal Seelhof, who allowed Ms Ramesh�s appeal against the decision, dated 2 May 2013, to refuse to vary her leave as a Tier 1 (Entrepreneur) Migrant and to remove her under section 47 of the Immigration, Asylum and Nationality Act 2006.

It is more convenient to refer to the parties as they were before the First-tier Tribunal. We shall therefore refer to Ms Ramesh from now on as �the appellant� and the Secretary of State as �the respondent�.

The appellant came to the UK as a Tier 4 Student and was subsequently granted further leave as a Tier 1 Post-Study Worker. She was awarded an MSc in Computing by London Metropolitan University on 21 October 2010. She made an in-time application for leave as an Entrepreneur on 26 October 2012. In her application she explained she had set up a company, called Technology South Ltd, which she operated from her home in Watford.

Her application was refused on 2 May 2013 by reference to paragraph 245DD(b) of the Immigration Rules (�the Rules�) because she was awarded 0 points for Attributes. The decision-maker decided she had not submitted sufficient evidence with her application. In particular, her name was not stated on the advertising material she submitted and the web address indicated did not lead to the appellant's website. Further, the business contracts she submitted did not show the landline number of the third party. These were mandatory requirements under paragraph 41-SD of Appendix A of the rules.

The appellant's grounds of appeal argued these were minor omissions which could be easily rectified. The respondent had either failed to apply paragraph 245AA of the rules or her evidential flexibility policy.