IA180272014

The Appellant is a national of Nigeria date of birth 20 th January 1978. He appeals with permission [1] the decision of First-tier Tribunal Judge Foudy [2] to dismiss his appeal against the Respondent�s decision [3] to refuse to vary his leave to remain and to remove him from the UK pursuant to s47 of the Immigration Asylum and Nationality Act 2006. That decision had followed the Respondent�s rejection of the Appellant�s application for leave to remain as a Tier 1 (Entrepeneur) Migrant.

There were two grounds of refusal. The first was that the Appellant had, without good reason, failed to attend an interview. That matter was resolved in the Appellant�s favour by Judge Foudy who accepted medical evidence that he was unwell at the time. There is no challenge to that finding and it is preserved.

i) That the Appellant was �very vague� about what services he would actually provide and �exhibited a poor ability to explain his business plans�;

ii) In his oral evidence the Appellant appeared to be relying on stock phrases such as �to user specification� without being able to explain what they actually meant;

iv) The Appellant�s market research was �rudimentary in the extreme�, consisting of drawing up a list of other IT companies in the Bolton area. Judge Foudy rejected as not credible the claim that some of these businesses had been prepared to talk to the Appellant about their work and observed that the list could just as conveniently have been found in telephone directory;