IA188732013

The respondent, Prasad Bhagawanrao Shinde, was born on 4 December 1978 and is a male citizen of India. I shall hereafter refer to the respondent as �the appellant� and to the Secretary of State as �the respondent�, as they were respectively before the First-tier Tribunal.

The appellant was refused leave to enter the United Kingdom on 3 June 2013 at which date his continuing leave to enter/remain was cancelled. The appellant appealed to the First-tier Tribunal (Judge P J Clarke) which, in a determination promulgated on 26 February 2014, allowed the appeal. The respondent was granted permission to appeal to the Upper Tribunal by Judge Grant on 14 March 2014.

The appellant had come to the United Kingdom first in 2007 as a student and subsequently obtained a Tier 1 visa on 29 November 2011. He was granted leave to remain as a Tier 1 (General) Migrant on 12 February 2013. He returned to India for a holiday and came back into the United Kingdom on 3 June 2013. Upon his return, he was interviewed by an Immigration Officer. The First-tier Tribunal at [10(xii)] provides an account of the appellant�s interview with the Immigration Officer:

The judge goes on to record that, in a witness statement, the appellant has claimed that he did not say �it�s a lie� in answer to questions 48, 50, 51 and 52. There was evidence from the appellant that he had become stressed and tired following his long flight from India.

I told the representatives at the hearing that I proposed to remake the decision in the Upper Tribunal. I indicated that I could find no error of law in the judge�s finding that the interview record was reliable. I indicated that I saw no reason to revisit the judge�s finding that, although he may have been tired, the appellant had been aware of what he was saying when he gave answers at interview. Mr Mehmood, for the appellant, offered no further submissions.