IA198392014

The Appellant is a national of Israel date of birth 14 th April 1963. He appeals with permission [1] the decision of the First-tier Tribunal (Judge Geraint Jones QC) to dismiss his appeal against a decision to refuse to vary his leave to remain and to remove him from the United Kingdom pursuant to s47 of the Immigration Asylum and Nationality Act 2006.

On the 18 th December 2013 the Appellant made an application for indefinite leave to remain as the dependent family member of a Points Based Migrant. The application was refused on the 7 th April 2014. The Appellant duly lodged his appeal, on the grounds that the decision was not in accordance with the immigration rules, that it was contrary to his human rights and that the decision was not in accordance with the law.

On that date the Appellant�s representatives wrote to the Tribunal requesting that the matter be adjourned:

�It will be apparent from our previous correspondence that this firm was instructed in good time and that we were actively representing our client�s interests and carrying out instructions. However, from mid-June we heard nothing further from him until today. We were awaiting his further instructions and to be put in funds; both these occurred just this morning.

We asked our client for an explanation for the delay, and he explained that the last two months were extremely difficult because he had been refused permission to visit his parents in Israel, and he was worried for their safety. In addition, his wife (a very important witness in this appeal) had to start treatment for cancer abroad, and left the country. She will not be returning until the beginning of September 2014�