OA135212013

The Appellant was the Respondent in the First-tier Tribunal and for convenience I refer to the parties as they were known in those proceedings.

The Respondent appeals with permission the decision of the First-tier Tribunal Judge Napthine promulgated on 7 th January 2014 in which the judge upheld or allowed the Appellant�s appeal against his removal pursuant to Section 10 of the Immigration and Asylum Act 1999. The Appellant had brought the appeal on the grounds that the decision was not in accordance with the law because it was predicated upon an unlawful decision in the context of the Immigration Rules.

The grounds before me challenging the decision on the basis of jurisdiction rely on the Appellant having failed to establish by evidence that at the time of the Respondent seeking to take his fee that he had the sufficient funds in his bank account. I find no merit in that ground as the evidence before the judge and referred to in the decision indicates that the judge took into account that there were sufficient funds in his bank account at the relevant time.

The Respondent had sought to adduce additional evidence and I have refused that application. The evidence was available to the Respondent to adduce before the First-tier Tribunal Judge and there was no proper good reason as to why that evidence should be admitted now.

Applying that case to the circumstances of this Appellant I am satisfied that his appeal before Judge Napthine was bound to fail on the basis that he had failed to provide the specified evidence required under the Immigration Rules, to the point that the removal decision was not predicated on an incorrect or unlawful application of those Immigration Rules, and that the removal decision was lawful.