IA080772014

The appellant, born April 18, 1987, is a citizen of Jamaica. On June 24, 2012 the appellant entered the United Kingdom as a visitor. His intention was to make an application to join the Royal Navy. By the time his leave was due to expire he had not concluded the process and he therefore applied to vary his leave on December 12, 2012. The respondent ultimately refused his application under paragraph 322(1) HC 395 and took a decision to remove him under Section 47 (Removal: person with statutorily extended leave) of the Immigration, Asylum and Nationality Act 2002 on January 24, 2014.

The appellant appealed to the First-tier Tribunal Section 82(1) of the Nationality, Immigration and Asylum Act 2002 (hereinafter referred to as the �2002 Act�) on February 10, 2014 and on May 7, 2014 Judge of the First Tier Tribunal Wiseman (hereinafter referred to as the �FtTJ�) heard his appeal and dismissed it in determination promulgated on May 30, 2014.

The appellant lodged grounds of appeal on June 5, 2014 and on June 17, 2014 Judge of the First-tier Tribunal Cruthers granted permission to appeal finding it arguable the FtTJ had erred by not paying sufficient attention to the position/interest of the appellant�s son who was born on November 15, 2013.

The respondent filed a Rule 24 response dated July 3, 2014 requesting an oral hearing. She opposed the application and submitted the findings were sufficient and sustainable.

The appellant and his solicitors were sent notice of today�s hearing on July 10, 2014. The notice is deemed served. By 11.15am neither the appellant nor his representative had attended. I directed my clerk to make enquiries and at 11.35am I decided to proceed with the hearing because the solicitors had not responded to the message and of course the hearing was listed at 10am.