IA169032014

Permission to appeal to the Upper Tribunal was granted by First Tier Tribunal Judge Page on the 12th September 2014, on the basis that:

At the start of the appeal hearing we ensured that the Appellant Mrs Vadher was able to understand us fully in English and she confirmed that this was the case. She asked for permission for her husband and her sponsor Mr Hasmukh Vadher to represent her. No objection was raised to this by Mr Smart on behalf of the Respondent, and so, in the interest of justice, we gave permission for Mr Vadher to represent the Appellant.

Given that the Appellant was not legally represented at the appeal hearing before us, in the interests of justice we asked Mr Smart to outline the circumstances of the appeal and his submissions before hearing from the Appellant. The Appellant and her husband were happy for us to take this course.

Mr Vadher referred us to the letter that had been written by the Appellant dated the 25th June 2015, and argued that his wife had now passed the English-language test and that she had brought the original certificate to court.

We have borne in mind that the Court of Appeal in the case of Rashid Anwar and Prosper Adejo v Secretary of State for the Home Department [2010] EWCA Civ 1275 held that in respect of questions of constitutive jurisdiction, as to whether or not the Appellant had any right of appeal at all under Section 82 (1) of the Nationality, Immigration and Asylum Act 2002, that if there was no appealable immigration decision, as in Mr Adejo's case, then the question as to want of jurisdiction could be raised in the Upper Tribunal, even though the point was not taken on appeal at the First Tier Tribunal.