IA202062014

For ease of reference purposes I refer to the parties as they were in the First‑tier Tribunal so that Mr Singh is hereafter referred to as the appellant and the Secretary of State for the Home Department as the respondent.

�I have considered all the information available to me and I am satisfied that Jagjit Singh is liable to administrative removal as defined in Section 10 of the Immigration and Asylum Act 1999 on the basis that during an administrative review process, ETS (Educational Testing Service) have confirmed that your test obtained was through deception. We are therefore satisfied that you have submitted a document in support of your application for the purpose of obtaining leave by deception.

I have also considered whether it is appropriate to administratively remove Jagjit Singh and, having taken into account all of the facts available to me now, I am satisfied that the prejudice he may suffer is not such that is unfair to serve him with form IS151A Notice to a person liable to removal.�

What I am able to ascertain from looking at the file and the grounds of appeal is that no objection has been taken by the appellant raising any matter in relation to the points made in the previous paragraph. I anticipate that had the documents not been properly served this would have been a matter raised a long time before now.

The appeal having been lodged, the matter came before First‑tier Tribunal Judge T Jones. By a decision dated 13 May 2014 he took the preliminary issue point as to whether this is a valid appeal. This was dealt with on the papers and without reference to either party. He noted as follows:‑