IA267492013

The Secretary of State appealed against the determination of First-tier Tribunal Judge Duff, who allowed the appeal against the decision of the respondent, dated 14.6.13, to refuse to vary leave to remain in the UK as a Tier 1 (Entrepreneur) Migrant. The appeal was allowed on the basis that the decision was not in accordance with the law and breached the appellant�s rights under article 8 ECHR. The Judge heard the appeal on 28.10.13.

Thus the matter came before me on 31.1.14 as an appeal in the Upper Tribunal. I heard submissions and reserved my decision on error of law, which was promulgated to the parties on 18.2.14. I found an error of law in the making of the decision of the First-tier Tribunal such that it should be set aside and remade in its entirety.

At the outset of the hearing before me on 19.5.14, Mr Vaughan sought to reopen the error of law decision. The decision of the First-tier Tribunal having already been set aside, I declined to reopen the error of law decision.

The matter was heard with the linked appeal of Mr Abdul Basher Shamin & others, IA/26687/2013. Mr Shamin is the claimant�s Tier 1 (entrepreneur) team partner. There were two separate decisions of the First-tier Tribunal and I am asked to draft separate decisions, though the reasoning will largely be the same, as they were in the respective determinations of Judge Duff.

For the reasons set out herein, I found that there were a number of errors of law in the making of Judge Duff�s decision, such that the determination should be set aside and remade. I attach as an annex to this determination my error of law decision.