The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal no: ia 00660-13
IA 00666-13


Decision signed: 31.05.2013
on 31.05.2013
sent out: 04.06.2013

Upper Tribunal Judge

Rakesh Reddy VANGUR & another


For the appellant: Jennifer Oscroft (counsel instructed by Blake Lapthorn)
For the respondent: Miss Alexandra Everett

This is an appeal, by the , against the decision of the First-tier Tribunal (Judge PJG White), sitting at Manchester on 21 March, to  on ‘common-law fairness’ grounds tier 2 (general) migrant PBS appeal by the (main) appellant, a citizen of India, born 4 January 1987, and his dependent wife. The appellants were refused leave to remain on 17 December 2012 because the appellant’s college appeared on line to have been refused a sponsorship licence that October; but it is now common ground that it had one again by the date of the decision, though under a different address.

2. The evidence to show that was not before the judge, who instead allowed the appeals on the basis that it was unfair for the Home Office to rely on the situation as they had seen it, without giving the appellant the password necessary to check the situation for himself. This was ingenious; but again it is agreed that it was a step too far; and wrong in law, because in proceedings of this kind, with exceptions which do not arise in this case, it is always for an appellant to prove his case, enlisting if necessary the help of the courts in order to do so.
3. Since however it is now clear that the appellant was entitled to the extension he sought by the date of the decision under appeal, I allow the Home Office appeal, but re-make the first-tier decision by allowing his appeal, and his wife’s, on that basis. I should expect the result to be the grant of tier 2 leave to both of them for the appropriate period from 17 December last; but if there should be any difficulties about that, then an application may be made directly to me for a suitable direction. The judge made an award of £80 costs: though I have reached the same result by another route, it does stand, and so does the costs award.
Home Office appeal against first-tier decision : decision re-made
Appellants’ appeals against refusal of leave to remain allowed

(a judge of the Upper Tribunal)