IA229402013

Paragraph 245DD of the Immigration Rules (HC 395) sets out the requirements an applicant must satisfy to qualify for leave to remain as a Tier 1 (Entrepreneur) Migrant. For this appeal, the relevant requirement is found at paragraph 245DD(b):

�The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.�

The judge noted at paragraph 12(a) that the case related to the funds available from a third party and thus paragraph 41-SD(b)(i) and (ii) applied. He noted that the �Respondent�s criticism is that of the nine requirements set out there, the Appellant did not sign the declaration for the provision of third party funds, and did not provide a letter from a legal representative to validate the signature of the declaration.� The judge recorded the following:-

(c) It is not surprising that the Appellant�s signature is missing from the declaration because the declaration was sworn in Dhaka. The declaration is not the declaration of the Appellant, but the declaration of his wife (the third party). The Immigration Rules quite clearly state that the applicant should sign the declaration. The question for me is whether or not the absence of the applicant�s signature on the declaration (that is not his) is fatal to the application.�

�I consider the evidence that is placed before me. It is not disputed that the Appellant�s spouse is able to provide access to �200,000 to fund the Appellant�s proposed business. In reality the Respondent has refused this application solely on a minor technicality. The reason to refuse is something that could easily have been remedied, but the Respondent chose not to seek the remedy.�