IA170972014 & IA171042014

By Notices of Refusal dated respectively 25 th March 2014 and 26 th March 2014 their applications were refused. For the purpose of this appeal the content of those Notice of Refusals are relevant. The Appellants had been separately interviewed and findings made by the interviewing officer in the Notice of Refusal as to the credibility of the money available for investment, the Appellants� business plans and market research, and their previous educational and business experience.

The Appellants appealed and the appeal came before Judge of the First-tier Tribunal Majid sitting at Taylor House on 1 st October 2014. In a determination promulgated on 9 th October 2014 the Appellants� appeal was allowed under the Immigration Rules.

On 24 th November 2014 First-tier Tribunal Judge Parkes granted permission to appeal. Judge Parkes concluded that the determination was short on reasoning and explanation and the grounds were arguable.

It is on that basis that the appeal comes before me to determine whether or not there is a material error of law in the decision of the First-tier Tribunal Judge. This is an appeal by the Secretary of State. For the purpose of continuity throughout the proceedings the Secretary of State is referred to herein as the Respondent and Mr Asim and Mr Ali as the Appellants. The Appellants appear by their instructed Counsel Mr Balroop. The Secretary of State appears by her Home Office Presenting Officer Mr Bramble.

Mr Bramble responds by pointing out that it is incumbent upon the judge to go through the Notice of Refusal letter not just the financial aspect but points out that there are several issues e.g. the credibility of market research which just have not been looked at by the judge and that he does not engage with the reasonableness of the business plan. He submits that without a proper analysis it is quite impossible for the judge to have made the findings that he has.