Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Numbers: IA/32366/2013
IA/32368/2013

THE IMMIGRATION ACTS

Heard at Field House
Determination Promulgated
On 05 March 2014
On 20 March 2014

Before

UPPER TRIBUNAL JUDGE GLEESON

Between

NIXSON JEKAB ANNAMALE
Sagarika Peramuna Peramuna Rallage
Appellants

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

Representation:

For the Appellants: Mr N Paramjorthy, Counsel instructed by Capital Legal Solicitors
For the Respondent: Mr C Avery, Senior Home Office Presenting Officer

DETERMINATION AND REASONS

1. The Secretary of State appealed with permission against the determination of First-tier Tribunal Judge Andonian allowing the appeals of the appellants against refusal to vary their leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) and dependant and to remove them by way of directions under Section 47 of the 2006 Act.
2. Permission was granted by First-tier Tribunal Judge Parkes on the basis that the judge's finding that the Secretary of State had wrongly applied the "extension criteria" to the case was particularly difficult to follow. Having spent some time considering it, Mr Avery has concluded, as indeed the Tribunal had, that the decision is correct and sustainable and he therefore withdrew his opposition to the determination at the appeal.
3. There is therefore no material error of law in the determination which stands.
Conclusions
The making of the decision of the First-tier Tribunal did not involve the making of an error on a point of law.
I do not set aside the decision.
Consequential Directions
Forthwith on receipt of this decision the respondent shall grant the appellant leave to remain for such period as is necessary to give effect to this determination.

Signed Date

Upper Tribunal Judge Gleeson