IA077012015 & IA099832015

The Claimants are citizens of Bangladesh born respectively on 15 March 1976 and 21 February 1978. The first Claimant came to the United Kingdom on 10 October 2004 and was granted a student visa which he then extended. He subsequently married and his wife joined him in the United Kingdom as his dependant on 11 July 2007.

Further applications were made to extend their leave until 26 February 2010 when the first Claimant applied for further leave. This application was rejected on 6 April 2010 and a further application ws made on 22 May 2010 which was also rejected on 4 June 2010 on the basis that it was an attempt to resubmit an invalid application out of time. On 12 June 2010 the Claimant made a further application which was granted on 15 October 2010 and he was given further leave to remain which was extended.

A further application made on 3 October 2014 was refused on 6 February 2015 on the basis that the period of continuous lawful residence was considered to have been broken in relation to the application that was rejected on 6 April 2010, the next application having been submitted out of time on 12 June 2010, which exceeds the 28 days permitted under 276B(5).

The Claimant and his wife appealed against this decision on 23 rd February 2015 and the appeal came before First-tier Tribunal Judge J C Hamilton for hearing on 25 August 2015.

In a decision dated 29 December 2015, the First tier Tribunal Judge in a very detailed and careful decision allowed the appeal on two different bases. He says at [47]