IA178422013

For the Appellant: Ms T. Murshed, Counsel, instructed by P. Krama & Co., Solicitors

The appellant is a citizen of Sri Lanka who appeals against the determination of First-tier Tribunal Judge R Sullivan promulgated on 27 January 2014 dismissing his appeal against the decision of the Secretary of State made on 4 May 2013 to refuse him indefinite leave to remain on the basis of long residence.

The Secretary of State does not put forward any reason why the expired passport was not provided to him. Since it was a Sri Lankan passport, (which must mean the respondent cannot claim to be entitled to it as he might do if it had been a United Kingdom passport), I do not know on what basis it can be said that the Secretary of State was entitled to withhold returning it to the appellant. So it was as a result of the respondent�s failure to return it (without establishing a right to possession) that the appellant failed to meet the requirements of the Rules.

The matter becomes somewhat more ironic in that when a decision was made to refuse him the refusal decision was itself sufficient as a form of identity to enable him to sit the examination and he has now sat that examination and passed it. As I will be re-making the decision, the fact that he has now passed the test is a material factor in establishing not only that he meets the requirements of the Rules now but that he did so at the time the decision was made since the acquisition of the skills required to pass the test are likely to have been accumulated over a period of time.

Accordingly, the requirements of the Immigration Rules are met and the appellant is entitled to indefinite leave to remain.