IA244622015

This is an appeal against a determination of First-tier Tribunal Judge L M Shand QC promulgated on 24 th November 2016 following a hearing at Hatton Cross on 6 th September 2016. In the determination, the judge dismissed the appeal of the Appellant, whereupon the Appellant subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a male, citizen of Bangladesh, and was born on 18 th August 1989. He appealed against a decision of the Respondent Secretary of State refusing his application for leave to remain in the UK as the spouse of a person present and settled in this country.

When the matter came before Judge L M Shand QC on 6 th September 2016, the judge summarised accurately the background at paragraphs 4 to 7 and moreover stated at paragraphs 16 to 18 why he had decided to proceed with this appeal. At the hearing, however, neither the Appellant nor anyone on his behalf was present because the position was taken by the Appellant that the original decision had been withdrawn and so the matter had ended there.

At the hearing before me on 10 th April 2018 Mr Jarvis, appearing on behalf of the Respondent Secretary of State submitted that the following three things had been in favour of the Appellant notwithstanding his failure to attend. First, the judge had already made three findings.

Second, submitted Mr Jarvis, the Appellant had also been able to show, contrary to what the Secretary of State had stated, that his wife was indeed a British citizen. The judge had referred to paragraph 23 in terms that: