Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/09279/2015

THE IMMIGRATION ACTS

Heard at Field House
Decision & Reasons Promulgated
On 17th August 2016
On 22nd August 2016

Before

UPPER TRIBUNAL JUDGE D E TAYLOR

Between

Asad Iqbal
(ANONYMITY DIRECTION NOT MADE)
Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: Mr S Bellara, Counsel, instructed by Veja & Co Solicitors
For the Respondent: Mr S Walker, Home Office Presenting Officer

DECISION AND REASONS

1. This is the appellant's appeal against the decision of Judge McWilliams made without a hearing on 5th January 2016.
Background
2. The appellant is a national of Pakistan born on 2nd October 1988. He entered the UK with entry clearance as a student with a valid visa to 21st October 2013. On 2nd May 2012 he entered into a marriage with an EEA national and twelve days later submitted an application for a residence card on the basis of that marriage which was issued on 16th October 2012. On 24th November 2012 the Tier 4 sponsor licence relevant to his studies was revoked.
3. The appellant came to the attention of the respondent on 26th November 2013 when he was visited by an Immigration Officer. The Immigration Officer could not find any evidence of a female living at his address. The appellant was interviewed. The respondent noted that he had been unable to give the names of his stated sponsor's parents or their address and did not know his spouse's then whereabouts.
4. As a consequence the respondent suspected that the marriage was one of convenience and considered that the appellant had ceased to have a right to reside in the UK. On 23rd February 2015 she revoked the appellant's residence card in accordance with Regulation 22 of the Immigration (EEA) Regulations 2006, and it was this decision which was the subject of the appeal before the Immigration Judge.
5. The appellant elected to have his appeal considered without a hearing. The judge applied the relevant law and agreed with the respondent that the marriage was indeed not a genuine one. The judge concluded that the respondent was entitled to revoke the residence card.
6. The appellant sought permission to appeal, mainly on the ground that there had been unfairness as he said that there had not been a full disclosure of all of the material upon which the Tribunal had relied. In particular the full interview record was not disclosed to the appellant.
7. Permission to appeal was granted on this basis by Judge Hollingworth on 12th July 2016.
8. The respondent served a reply on 25th July 2016 arguing that the appellant was abundantly aware of the points taken against him by the Secretary of State and had had the opportunity to opt for an oral hearing and adduce evidence from himself and others to address the respondent's concerns. Furthermore the documents relied on by the respondent were included in the respondent's cover sheet including excerpts from the interview record.
9. The respondent also served an interview record of an interview which took place on 18th September 2015 in the mistaken belief that this was the full record of the interview which was the basis of the decision but of course it was not having taken place after the decision was made.
The hearing
10. Mr Bellara relied on his grounds and submitted that there had been procedural unfairness.
11. However, I am not persuaded that there has been any such unfairness in this case. The refusal letter which was disclosed to the appellant sets out the questions in the interview which were relied on by the judge. There is no evidence that the judge relied on any other evidence not disclosed to the appellant.
12. The situation since the decision has in fact been made more complicated for him in that there is now a further Immigration Officer's report and also a letter from his wife saying that they are no longer in a relationship.
13. There is no error of law in the judge's decision and in fact in the light of subsequent events it is plain that any error could not possibly be material.
14. The original judge's decision will stand.
Notice of Decision

The appeal is dismissed.

No anonymity direction is made.

Signed Date 20 August 2016

Upper Tribunal Judge Taylor