OA121082012

The Secretary of State appeals, with permission, against the determination of an immigration judge allowing an appeal by the respondent, whom we shall call the claimant, against the Secretary of State�s decision refusing him further leave to remain. The Secretary of State�s ground of appeal is that the Tribunal have no jurisdiction to hear the claimant�s appeal.

The position is as follows. The claimant applied, during existing leave, for further leave to remain. That application was refused, no doubt by the division of the Home Office dealing with such applications, on 27 April 2012. Papers were served indicating that there was a right of appeal, which the claimant purported to exercise. The assertion that there was a right of appeal was, however, wrong. That is because on 24 April 2012 the claimant was arrested and detained and served with a decision that he should be removed under s.10 of the 1999 Act as a person who obtained his leave by deception.

The latter decision carried no right of appeal: it could have been challenged by judicial review, but was not challenged. The notice of the decision had, under s.10(8) of the 1999 Act, the effect of invalidating all the claimant�s leave. Thus, when his application was refused two days later, the refusal did not cause him to have no further leave, because he had none anyway. He therefore had no right of appeal against the refusal: it was not an �immigration decision� within the meaning of s.82(2) of the 2002 Act.

Judge Graham erred in thinking that she had jurisdiction to hear the claimant�s appeal against the refusal of further leave. We set aside her decision allowing his appeal. We substitute a determination dismissing his appeal for want of jurisdiction.