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The appellants are citizens of Bangladesh born on 25 March 1988 and 1 May 1987. They are wife and husband so their appeals have been linked. The appeal of the second appellant is dependent on that of the first. I was not asked and saw no reason to make an anonymity direction.
Permission to appeal was granted by Designated Judge of the First-tier Tribunal Garratt. He noted the respondent had accepted at the hearing that the date of expiry of the appellants� leave had been 31 October 2012.
The respondent filed a rule 24 response opposing the appeal. This reiterated that the appellants� leave had been curtailed on 21 September 2011.
I heard submissions as to whether the First-tier Tribunal had made a material error of law. I shall set these out only as necessary to give my reasons.
It was conceded by Mr Walker that the judge erred in his consideration of the issue of the validity of the appeal. He agreed with the submissions made by Mr Khan, as follows. The applications had been submitted by post on 30 October 2012. The date of application should have been taken as the date of posting, per paragraph 34G of the rules. The first appellant�s bank card expired on 31 October 2012. She wrote the expiry date as �10/12� on her application form. I was shown a copy. The expiry date was not therefore an invalid expiry date when the applications were posted on 30 October 2012.
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