UI2024000389

              This is an appeal against a decision of First-tier Tribunal Judge Malcolm ("the judge") dated 14 December 2023. The judge dismissed an appeal brought by the appellant, a citizen of India born in January 1981, against a decision of the Secretary of State dated 11 April 2023 to refuse his human rights claim made in the form of an application for leave to remain in the United Kingdom. Permission to appeal was granted by Upper Tribunal Judge Perkins.

              The judge heard the appeal under Section 82(1) of the Nationality, Immigration and Asylum Act 2002.

              The appellant suggested in oral submissions that Section 3C of the Immigration Act 1971 militated in favour of his appeal being allowed. Those were the observations that Judge Perkins made, albeit in rather guarded terms, when granting permission to appeal. Judge Perkins said:

"The grounds of appeal allege that the appellant has had, or should be treated as having, leave throughout that time because he always made promptly a further application almost immediately after an earlier application has been refused.

I am doubtful that there is any merit in this contention but I am not satisfied that there is a satisfactory explanation for rejecting, rather than simply asserting that it is not true, in either the Refusal Letter or in the First-tier Tribunal's Decision and Reasons and so I have decided to give permission. The Appellant must understand that I am NOT signalling any confidence in the underlying merits of his case but I am concerned that the explanation for the Respondent's case may not be adequate." (Emphasis original)