IA014072016 & Ors.

This is an appeal by Abdul [K], his wife and two children against the decision of First-tier Tribunal Judge Asjad to dismiss their appeals against refusal of their applications for further leave to remain, that decision being dated 22 nd February 2016.

The way the matter came before Judge Asjad was unusual. The applications had been made as long ago as 22 nd December 2014. Mr [K] made his application on the basis that he was a Tier 1 Entrepreneur, and his wife and two children made their applications on the basis that they were his dependants.

The applications were originally refused on 29 th January 2015 on the basis that the First Appellant, Mr [K], had not met the requirements of the Immigration Rules for leave to remain as an entrepreneur in that he had failed to demonstrate that he had a viable business plan. It followed from this that his wife and children could not succeed in their applications for leave to remain as his dependents. They appealed that decision and the matter came before Judge Khawar on 15 th July 2015.

In a decision promulgated on 13 th August 2015, Judge Khawar found that the First Appellant, Mr [K], did in fact have a viable business plan and thus fulfilled the requirements for leave to remain as a Tier 1 Entrepreneur. It may thus have been expected that Secretary of State would have granted his application for leave to remain in line with that decision.

However, the problem arises in this appeal arises from what Judge Khawar said in his concluding remarks at paragraph 16 of his decision