IA220812013

On 11 December 2012 he made an application to vary his leave to remain in the UK as a Tier 1 (Entrepreneur) Migrant. His application was refused by the Secretary of State in a decision of 21 May 2013.

The reasons given by the respondent for refusing the application are that the appellant submitted false documents in support of his application; namely, bank documents from HDFC Bank relating to sponsors Mr A Prabhakar and Mr V A R Kasinath.

The appellant appealed against the decision of the Secretary of State and his appeal was dismissed by First-tier Tribunal Judge Lloyd in a determination promulgated on 6 February 2014 following a hearing at Birmingham on 27 January 2014. The appeal was dismissed under the Immigration Rules. The appellant was granted permission to appeal by Upper Tribunal Judge Chalkley in a decision of 1 April 2014. Thus the matter came before me.

At the hearing before the FtT the appellant relied on the documents that were submitted with his application. In addition he submitted further documents including his witness statement and a second affidavit from Mr Prabhakar of 3 October 2013 in which he indicates that he has not been contacted in relation to the application. He also relied on a second letter from HDFC Bank to Mr Kasinath of 1 October 2013 confirming his bank accounts and the bank uses the reference 1628/01102013/013.

The respondent relied on two DVRs (document verification reports). The first DVR is dated 22 April 2013. The report refers to an account number 16285930000174 in the name of Mr Prabhakar. It refers to five accounts in the name of Mr V A R Kasinath and the reference number given is 1625/161120112/006. It refers to each of the five accounts quoting account numbers. It discloses a current balance of Rs1.25 lakhs in FD and it goes on to describe the contact history indicating that on 26 April 2013 the branch manager of the bank confirmed that the account numbers are invalid.