IA/49641/2013

• Status of case: Unreported
• Hearing date: 26 Aug 2014
• Promulgation date: 3 Sep 2014
• Publication date: 31 Dec 2014
• Last updated on: 31 Dec 2014

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/49641/2013


THE IMMIGRATION ACTS


Heard at Bradford
Determination Promulgated
On 26th August 2014
On 3rd September 2014




Before

UPPER TRIBUNAL JUDGE D E TAYLOR

Between

Khurram Shahzad

Appellant

and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


Representation:

For the Appellant: Mr Hussein, Counsel, instructed by Sky Solicitors
For the Respondent: Mrs R Pettersen, Home Office Presenting Officer

DETERMINATION AND REASONS
1. This is the Appellant's appeal against the decision of Judge Cohen made following a hearing at Hatton Cross on 28th May 2014.
Background
2. The Appellant is a citizen of Pakistan born on 18th April 1990. He first came to the UK on 29th January 2011 as a student with leave until 31st July 2014. On 24th May 2011 he was granted leave to remain as a Tier 4 (General) Student until 30th August 2013.
3. On 30th July 2012 he made a combined application for leave to remain in the UK as a Tier 1 (Entrepreneur) Migrant under the points-based system and for a biometric residence permit.
4. On 14th June 2013 the Secretary of State refused that application on the basis that she was not satisfied that he met the requirements of paragraph 41-SD of Appendix A of the Immigration Rules. No points were awarded in respect of the funds held in a regulated financial institution nor in respect of funds disposable in the UK.
5. The judge dismissed the appeal under the Immigration Rules.
6. The Appellant sought permission to appeal his decision which was granted by Judge McDade on 24th June 2014.
Findings and Conclusions
7. The original judge appears to have overlooked the fact that he had no jurisdiction to consider this appeal.
8. The Appellant was not entitled to appeal against the decision of 14th June 2013 because he still had leave to remain in the UK. Accordingly the decision does not fall within Section 82(2)(e) of the Nationality, Immigration and Asylum Act 2002 which provides a right of appeal where variation of a person's leave to enter or remain in the UK if, when the variation takes effect, the person has no leave to enter or remain constitutes an appealable immigration decision.
9. Since the Appellant still had leave to remain until 30th August 2013 the decision under challenge of 14th June 2013 is not an appealable immigration decision.
10. Mr Hussein accepted that this was the position.
Decision
11. The judge erred in law. His decision is set aside. The following decision is substituted. The appeal is dismissed for want of jurisdiction.



Signed Date


Upper Tribunal Judge Taylor