IA104422014

The Appellant is a citizen of Pakistan born on 3 April 1983. On 11 August 2011 he was granted leave to enter the United Kingdom as a Tier 4 general student until 15 December 2013. On 2 April 2013 he applied for leave as a Tier 1 (Entrepreneur) and on 9 January 2014 he was interviewed. His application was refused under paragraph 245 DD of the Immigration Rules (HC 395 as amended). The Respondent was not satisfied the Appellant genuinely intended to establish or invest in a business or that funds which were to be advanced by Profectus Venture Capital were genuinely available to do so.

The Appellant sought permission to appeal which was granted by Judge of the First-Tier Tribunal Grant- Hutchison on 23 May 2018. Her reasons for so granting were:-

The Appellant was served with notice of today's hearing by way of a notice issued on 24 August 2018. At 11.15 today he had not presented himself to the Tribunal to appear at the hearing. He is acting in person. Having been satisfied that he had been duly served with notice of hearing, and on listening to the submissions of Ms Everett, I decided to proceed to hear this appeal.

The nub of the Appellant's grounds and the basis of grant for permission to appeal is that albeit the Appellant's submissions to the First-Tier were expressed in general terms it is arguable that if he had had the benefit of an oral hearing he would have been able to adduce evidence which may have made a material difference to the outcome or the fairness of the proceedings.

I find that the issue of fairness prevails at all times. Indeed, in coming to my decision it has been at the forefront of my mind. However, this Appellant, since making his application for permission to appeal has filed no additional evidence nor attended at today's hearing.