IA187072014

In a determination promulgated on 3 December 2014 First-tier Tribunal Judge Oakley allowed the appeal of Mr Furqan Kayani (whom we call �the claimant� in this judgment) against a decision of the Secretary of State for the Home Department (�the Secretary of State�) refusing his application to remain in the United Kingdom to operate a business under the Tier 1 (Entrepreneur) system. The Secretary of State has appealed to us against the judge�s decision.

In late November and early December the Secretary of State sent emails to an email address [email protected] requiring a copy of his Companies House current appointment report and copies of any advertising material. The First-tier Tribunal judge accepted that neither the claimant nor his representatives received that letter.

There was then reference to a transfer of funds to Barclays, to the company accounts and to employees. The conclusion was that although the evidence demonstrated that the finances were present in the claimant�s account the Secretary of State was not adequately satisfied with the source of the funds. It called into question the genuine nature of the deposits and whether the money had genuinely been invested in a business in the United Kingdom.

The claimant appealed. The matter came before the Tribunal. The judge set out various findings of fact reflected earlier in our judgment. The judge then said, at paragraph 30, that it was very significant that in the claimant�s interview the interviewer was in all respects recommending the claimant as credible and intending genuinely to establish a business in this country and also having the money genuinely to invest:

�It would appear that the Secretary of State in considering their decision has totally ignored the interviewer�s recommendation or in the alternative has given no reason whatsoever in the letter of refusal as to why they have ignored the recommendations and the remarks in the Entrepreneur interview recommendation�.