IA002382017

This is an appeal against the decision of First-tier Tribunal Judge Burnett, promulgated on 21 May 2019. Permission to appeal was granted by Upper Tribunal Judge Pitt on 16 July 2019.

The appellant nonetheless appealed the decision of 18 November 2013, claiming that his appeal be treated as valid, relying on Basnet (validity of application - respondent) [2012] UKUT 113 (IAC) . In a decision promulgated on 11 December 2014 (IA/50547/2013), a First-tier Tribunal Judge Drabu, allowed his appeal to the limited extent that the respondent consider new evidence provided by the appellant and make a fresh decision. There was no apparent consideration of the jurisdictional issue.

The appellant unsuccessfully sought to judicially review the decision. In refusing the renewed permission application on 25 July 2017, Upper Tribunal Judge King decided that it must have been the case that Judge Drabu accepted jurisdiction in 2014 and therefore the appellant had an alternative remedy of appealing to the First-tier Tribunal.

In appealing to the First-tier Tribunal, the grounds of appeal asserted that the application made on 31 December 2011 was " returned by the respondent for payment issue ." The grounds also contended that the appellant had not been given a period of 60-days to find a new Tier 4 sponsor following his allowed appeal, with reference to Patel (revocation of sponsor licence - fairness) India [2011] UKUT 211 (IAC) , that he had received no communications from the Home Office regarding providing his documents and that he had not used deception.

Owing to the respondent's contention that the appellant was not entitled to appeal, the First-tier Tribunal considered the validity of the appeal on 11 October 2017 and directed that the issue of jurisdiction be considered as a preliminary issue at the appeal. The directions stated as follows: