IA017962016

This is an appeal brought by the Appellant against the decision of the Judge of the First‑tier Tribunal Frankish dated 12.6.17. The Appellant, a citizen of Pakistan had appealed against the decision of the Respondent dated 6.4.16, refusing to vary the Appellant's leave to enter or remain and making a decision to remove. The Appellant had on 7.10.14 made an application for indefinite leave to remain as a Tier 1 General migrant under para 245CD of the Immigration Rules, relying upon five years past residence in the United Kingdom under the points‑based scheme.

It is also to be noted that the notice of decision contained a requirement under s.120 NIAA that the Appellant provide a statement of any additional grounds on which he claimed a right to reside in the UK.

(ii) that the Appellant had failed to provide documents specified in para 245CD - SD of the rules in respect of his absences from the UK during the five‑year period prior to the date of application.

The Appellant's case before the Judge was that, in relation to the discrepancies between his self employed income in 2009/10, this arose from the dishonest actions of a former accountant; the Appellant had since submitted an amended tax return for that year declaring a higher income than in the original return. In relation to the specified evidence issue, the Appellant submitted that he had in fact provided the relevant specified evidence.

In his decision, the Judge held at [15] that there was no merit in the Respondent's second ground for refusing the application relating to lack of specified documents.