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This is an appeal against the decision promulgated on 7 April 2014 of First-tier Tribunal Judge Brenells which refused the appeal against the Secretary of State�s decision dated 1 May 2013 refusing leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) Migrant.
Judge Brenells found for the respondent, finding at [17] that the provisions of paragraph 245AA of the Immigration Rules could not assist the appellant. Judge Brenells reasoning was that the relevant version of paragraph 245AA (b) (ii) referred to the respondent seeking remedial action by an appellant where �a document is in the wrong format� and the absence of the post code of the other contracting party was not a �format� issue.
In light of the above I did not find that there was any legally binding obligation upon the respondent to invite the appellant to remedy the defect in the contract he provided. The common-law principle of fairness does not impose such an obligation and nor do the specific provisions of 245AA of the Immigration Rules.
I was referred to Shebl (Entrepreneur: proof of contracts) [2014] UKUT 216 (IAC) . At [5] the Upper Tribunal says this:
For these reasons I do not consider that the First-tier Tribunal made an error in law. The appellant�s appeal is accordingly dismissed.
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