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M O ADEBAYO (first appellant) and G O, D O M, V O M, & F O M Adebayo (second to fifth appellants)
(1) NOTICE OF ABANDONMENT (re first appellant) and (2) DETERMINATION AND REASONS (re second to fifth appellants)
At the outset of the hearing Mr Knox (very properly) raised two points not previously observed. In course of his work the first appellant regularly leaves the geographical jurisdiction. His appeal is thus subject to statutory abandonment in terms of section 104 (4) of the 2002 Act. Secondly, the first appellant as a seaman may leave and re-enter the UK without entry clearance. Those provisions however are designed for seamen whose ships call on irregular occasions or for brief periods, not for someone whose onshore life may be based here.
The First-tier Tribunal determination does not distinguish between the categories of off-shore workers and seamen, but that oversight does not bear on the outcome now.
It may be that the first appellant by virtue of his employment can find some other avenue through the Rules, but that would have to begin with a further application to the respondent, and no such matter is presently before us.
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