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For the Respondents: Mr R Singer of Counsel, instructed by Paul John & Co Solicitors
These are linked appeals against the decisions of First-tier Tribunal Judge Abebrese promulgated on 22 June 2017 in which he allowed the appeals of Ms Bantawa and Mr Rai.
Although before me the Secretary of State for the Home Department is the Appellant and Ms Bantawa and Mr Rai are the Respondents, for the sake of continuity with the proceedings before the First-tier Tribunal I shall hereafter refer to Ms Bantawa and Mr Rai as the Appellants and the Secretary of State for the Home Department as the Respondent.
The Appellants are citizens of Nepal. Ms Bantawa was born on 6 September 1982. She is married to Mr Rai, who was born on 14 August 1979. Mr Rai entered the United Kingdom as a Tier 4 Migrant on 20 October 2009 with leave until 31 March 2011. On 2 June 2010 Ms Banawa entered the UK as a Tier 4 (General) Dependent Partner with leave 'in line' with her husband until 31 March 2011. A subsequent period of leave was granted to each of them on 21 April 2011 until 28 June 2014. However, it appears that such leave was subsequently curtailed, to take effect on 6 May 2014.
The Respondent filed before the First-tier Tribunal evidence of the posting of the letter of 17 February 2015, and evidence of its receipt by way of a signed 'track and trace' document from the Royal Mail signed for on 19 February 2015 by Ashesh Kumar (the first two names of Mr Rai).
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