IA178182013 & IA200322013

This is an appeal with permission against a decision by Designated Judge J G Macdonald dismissing these conjoined appeals. The appellants had made a combined application for leave to remain as Tier 1 (Entrepreneur) Migrants but their applications were refused by the respondent in a decision dated 20 May 2013.

Prior to the hearing before me an application was made for an adjournment on the basis that the appellants wished to instruct a representative with specialisation in the field of entrepreneur cases and on the same basis a request was also made for a transfer from Glasgow to London. This application was refused on the grounds that the appellants had known since early January 2014 that permission to appeal had been granted and had had an adequate opportunity to seek alternative representation since then.

The Designated Judge concluded that the grounds of refusal set out in the decision of 20 May 2013 were met but the two additional issues raised by the respondent at the hearing, as set out above, were not satisfied. Accordingly the appeals were dismissed.

Mr Duheric submitted in response to this that this would take some time and the proper course would be for the refusal decisions to be remitted to the Secretary of State for reconsideration.

Mr Matthews further submitted that the case of RM (India) concerned a discretionary ground of refusal and sought instead to rely on Kwok on Tong [1981] Imm AR 214 and Hubbard [1985] Imm AR 110, in terms of which the respondent could raise additional grounds of refusal. The Tribunal needed to be satisfied that all the Rules were met.