IA075802013

For the Appellant: Mr D Byrne, Advocate, instructed by Drummond Miller, Solicitors

The appellant is a citizen of Turkey born on 21 April 1983. He appeals to the Upper Tribunal against a determination by First-tier Tribunal Judge Watters, promulgated on 7 June 2013.

The FtT heard an appeal against a decision to refuse to grant the applicant leave as a self employed business person pursuant to paragraph 4 and 21 of HC510, the 1973 After Entry Business Provisions, still in force as a result of the �standstill provisions� (s. 2(1) European Communities Act 1972, Art 41 of Additional Protocol of 1970).

The determination gives two reasons for rejecting the applicant�s claim. Firstly it should be noted that the applicant met the requirements of paragraph 21 (see � 8 of the determination), those are the requirements to demonstrate a qualifying business. Those two reasons are that the applicant was an overstayer and secondly that he commenced his business prior to applying for leave to remain. Those two considerations are relevant to paragraph 4 of HC510.

The FtT rejected the applicant on the footing that the applicant began his business prior to applying for leave to remain and there is a public interest in persons not doing so. The FtT concluded that reason sufficient, along with him having no leave, to reject his application in considering matters under paragraph 4.