OA178192012

The appellant, Mr Chukwuenwendu Chigozie Ekezie, was born on 14 September 1980 and is a citizen of Nigeria. The appellant�s appeal came before the First-tier Tribunal (Judge Boyd) which, in a determination promulgated on 20 February 2013, dismissed the appeal. Judge Boyd set out the background to the appeal as follows:

On 15 June 2012 a decision was made to remove the appellant from the United Kingdom. It is against this decision that this appeal has been brought.

In order for the appellant�s appeal to succeed he has to establish that his five year Business Visit Visa should not have been curtailed and that the respondents, upon whom the onus lies, have not established that they had grounds for curtailing his lease (sic).

We have papers relating to the appellant�s detention in June 2012 and a decision to remove him as an illegal entrant under Section 10 of the Immigration and Asylum Act 1999 which was dated 15 June 2012. The notification to the appellant of the decision to remove him had the effect of invalidating his leave to remain (see Section 10(8) of the 1999 Act). The appellant was removed and he now appeals from Sierra Leone, where he is currently living.

The judge went on to record that �it is not disputed the appellant�s recent visa was for five years following its issue on 6 April 2011 and that this was a business visit visa sponsored by Consomex Export UK Ltd.� Further, it is agreed that this company ceased to trade in or around June 2011, as is shown in the summary and reasons for the initial detention and that the appellant was aware of that fact before the decision was taken to remove him.