IA104822014

This is an appeal by the Secretary of State against a decision of Judge of the First-tier Tribunal Freer allowing an appeal by Mr Mirza Shamayel Mustafa (hereinafter referred to as "the applicant").

This appeal has a lengthy history. The appeal was brought against a decision dated 14 February 2014 by the Secretary of State refusing an application for leave to remain as a Tier 1 (Entrepreneur) Migrant and making a decision to remove the applicant. The appeal was heard in May 2014 before the First-tier Tribunal and dismissed. There was an appeal to the Upper Tribunal, which was heard in August 2014. The appeal was remitted to the First-tier Tribunal to be heard before a different judge with no findings preserved.

Following the remittal the appeal was heard in January 2015 before Judge Freer, who allowed the appeal. The Secretary of State was then granted permission to appeal to the Upper Tribunal.

The hearing then came before me on 28 July 2015. I found errors of law in the decision by Judge of the First-tier Tribunal Freer such that the decision of the First-tier Tribunal should be set aside. I sought to re-make the decision in the Upper Tribunal. On the day of the hearing, however, there was insufficient time available and counsel for the claimant did not have before her all the documentary evidence which had been before the First-tier Tribunal. Because of this the hearing was adjourned for the decision to be re-made at a later hearing before the Upper Tribunal.

The appeal came back before me on 26 November 2015. At this hearing there was a different counsel for the applicant, namely Mr G Coll. There was discussion, to which I will refer further below, about the intended scope of the resumed hearing.