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The Appellant is a male citizen of Bangladesh, whose date of birth is 7 July 1988. His appeal against the decision of the Respondent to issue a decision to remove him pursuant to the provisions of s 10 of the Immigration and Asylum Act 1999 was dismissed on all grounds by First-tier tribunal Judge Talbot in a determination promulgated on 10 February 2014.
a. In attaching weight to the written record of the Appellant�s interview with the Immigration Officer when he and his three witnesses stated that his understanding of English was poor;
b. At [18], in failing to give adequate reasons for finding that the Appellant was working at Asia Restaurant pursuant to MK (duty to give reasons) Pakistan [2013] UKUT 641 (IAC) ;
c. Failing to state what weight he attached to the evidence of the Appellant and the consistent evidence of the witnesses, who confirmed that the Appellant was not wearing the same uniform as the other waiters;
d. Failing to give adequate reasons for his finding that the Respondent had discharged the burden of proof to establish that he was working at Asia Restaurant. Even if it was established that he was not a domestic worker, this did not mean that he had breached the conditions of his leave by working at the Asia Restaurant because the two are not inextricably linked.
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