IA182742013

For the Respondent/Claimant : Mr T Hodson, In-House Counsel, Elder Rahimi Solicitors

The Secretary of State appeals to the Upper Tribunal from the decision of the First-tier Tribunal allowing the claimant�s appeal against the decision by the Secretary of State to refuse to grant the claimant leave to remain as a Tier 1 (Entrepreneur) Migrant, and against her concomitant decision to make directions for the claimant�s removal from the United Kingdom under Section 47 of the 2006 Act. The First-tier Tribunal did not make an anonymity order, and I do not consider that such an order is warranted for these proceedings in the Upper Tribunal.

It had therefore been decided to refuse her application under paragraph 245DD of the Rules as she did not meet the requirement of paragraph 245DD(b). In line with paragraph 245DD(l) of the Rules, the Home Office had not carried out an assessment under paragraph 245DD(h) of the Rules as so her application had been refused. But the Home Office reserved the right to carry out this assessment in any challenge of the decision or in future applications for Tier 1 (Entrepreneur) status.

The claimant�s appeal came before First-tier Tribunal Judge S Aziz sitting at Hatton Cross in the First-tier Tribunal on 25 March 2014. The claimant was presented by Mr Hodson, and Ms Karbani of Counsel appeared on behalf of the Secretary of State.

The judge also rejected a submission by Mr Hodson that the Secretary of State should have asked the claimant to submit contracts with students which were in the correct format. So he concluded that the decision was in accordance with the Rules, and was also otherwise in accordance with the law. The decision not to request further documents under paragraph 245AA was correct.