IA031962014 & Ors.

(Immigration and Asylum Chamber)������������������������������������ Appeal Number: IA/03196/2014

For the Appellants:������� Mr Nasim, Counsel, instructed by Lee Valley, Solicitors

A1, a male citizen of Pakistan, applied for leave to remain as a Tier 1 (Post Study Work) Migrant pursuant to para 245FD of HC 395, as amended (the Immigration Rules) on 4 April 2012. The appeals of A2 and A3 are dependent on the application of A1. I will therefore refer only to A1 within my determination.

a. The Judge was aware that the Respondent had before her the letter from Kaplan dated 10 April 2012. He erred at [34] in stating that leave under s 3C of the Immigration Act 1971 (the 1971 Act) ended after the reconsideration decision. An appeal was lodged and a Duty Judge had determined that it was in time and therefore leave was continuing for the purposes of s 3C;

b. As the request for reconsideration was made whilst A1 had extant leave, and the Respondent had the Kaplan letter of 10 April 2012, the Judge erred at [34] in stating that the decision dated 27 September 2012 was correct because �once the reconsideration request is entertained the previous decision stands withdrawn and decision on reconsideration is to be judicially scrutinised� (grounds, paragraph 7);