IA187262014

This is an appeal to the Upper Tribunal by the appellant Mr Mehor Muhammad Waqas against a decision of First-tier Tribunal Judge Ian Howard promulgated on 17 March 2015 following a hearing at Hatton Cross on 6 February 2015 in which the judge dismissed the appellant's appeal against the decision of the Secretary of State dated 11 April 2014 to vary his leave to remain and to make a decision to remove him from the United Kingdom by way of a direction under Section 47 of the Immigration, Asylum and Nationality Act 2006.

It is important to consider the chronology which is relevant to the judge's decision. The variation of leave decision refers to an application made on 28 March 2012 for Tier 1 (Highly Skilled) Post Study leave to remain in the United Kingdom which was granted to the appellant valid to 28 September 2014. The refusal of 11 April 2014 states that the Secretary of State has now identified that false representations were made in relation to that application for the purposes of obtaining the leave to remain.

The submission of false documents in support of the application to obtain leave is said to show a flagrant disregard of the UK's Immigration Rules and UK laws and it was not considered that the circumstances were such that discretion should be exercised in the appellant's favour and the appellant's leave was therefore curtailed under the provisions of paragraph 323(i) with reference to 322(2) of the Immigration Rules so as to expire on 11 April 2014.

The appellant challenged that decision in grounds of appeal received by the First-tier Tribunal on 28 April 2014 in which he states that the decision was not in accordance with the Rules, discretion should have been exercised differently, was not otherwise in accordance with the law and incompatible by reference to his human rights.

There is within the bundle in addition to the formal pleadings a statement that has been provided by the appellant setting out his details, immigration history, his current circumstances and making comment upon the curtailment decision in which he states that the documents submitted were not false and that he contacted the National Savings Centre in Pakistan after receipt of the decision who confirmed that he has had the funds of 500,000 rupees (5 lakh rupees) for the last four years. He contacted the head office and the Lalamusa branch and both had confirmed the existence of the investment.