IA223442015 & IA223292015

In a decision sent to the parties on 31 March 2017 I found that the First-tier Tribunal had made a material error of law. My core findings are at paragraphs 10 to 12 of the decision:

"10. I am satisfied that the First-tier Tribunal made a material error of law for the following reasons. The First-tier Tribunal did not have the benefit of hearing submissions as this was a paper case. However, the Appellant's case was comprehensively set out in grounds of appeal at page 28 of her bundle. The Appellant set out at page 33 that she had submitted a letter from Santander Bank dated 24 October 2014 confirming that her business was trading since 1 July 2014. That letter was at page 119 of her bundle. In Nasim the Upper Tribunal held that:

The Appellants' application for leave to remain as a Tier 1 Entrepreneur was made on 20 August 2014 and consequently the Appellants have a full right of appeal under the 'old' section 84 of the Nationality, Immigration and Asylum Act 2002 as the Immigration Act 2014 (Commencement No.4 Transitional and Saving Provisions and Amendment) Order 2014 No 371 introduced the new provisions to any person who made an application after 2 March 2015 for leave to remain as a Tier 1, 2 or 5 Migrant or partner or child.

Both representatives agreed that in the light of my findings, as the decision was not in accordance with the law, it remained outstanding before the Secretary of State for a lawful decision to be made.

The appeal is allowed to the extent that it is not in accordance with the law. The Respondent's decision was unlawful and remains outstanding for a lawful decision to be made.