AI (Pakistan) v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | Lord Justice Laws |
| Judgment Date | 15 March 2013 |
| Neutral Citation | [2013] EWCA Civ 529 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case No: C5/2012/2407 |
| Date | 15 March 2013 |
[2013] EWCA Civ 529
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION AND APPEAL TRIBUNAL)
[Appeal Number: IA/29681/2011]
Royal Courts of Justice
Strand
London WC2A 2LL
Lord Justice Laws
Case No: C5/2012/2407
Mr Sharaz Ahmed (instructed by Direct Public Access) appeared on behalf of the Applicant
The Respondent did not attend and was not represented.
This is a renewed application for permission to appeal against a decision of the Upper Tribunal promulgated on 27 June 2012 holding that the earlier determination of the First-tier Tribunal ("the FTT") was vitiated by an error of law, but nevertheless dismissing the applicant's appeal against the decision of the Secretary of State made on 7 October 2011 to curtail the applicant's leave to remain in the United Kingdom as a Tier 1 (General) Migrant.
Permission to appeal to this court was refused by Longmore LJ on consideration of the papers on 18 December 201Such an appeal would be a second appeal. A judge should only allow it to go forward if it would raise some important point of principle or practice or there is some other compelling reason for this court to hear it.
The case was originally listed before me a few days ago. The applicant had been acting in person. Mr Ahmed of counsel then appeared before me and indicated he had just been instructed and needed time. Accordingly, I adjourned the case over to today. Mr Ahmed has appeared again and has made submissions that have been of great assistance to the court. He has had to deal with the matter in difficult circumstances.
The applicant is a national of Pakistan, born on 4 January 1971. On 21 November 2008 he was granted leave to remain in the United Kingdom as a Tier 1 post-study migrant on 29 August 2010. In his application he had submitted a postgraduate qualification in information technology from the Cambridge College of Learning. He applied for an extension, which was refused, but his appeal against that refusal was allowed by Immigration Judge Rose on 13 December 2010, and on 7 October 2011 he was granted leave to remain as a Tier 1 (General) Migrant. That leave was, however, curtailed on the same day because the Secretary of State was satisfied that the leave granted on 21 November 2008 had been obtained by fraud.
The documents submitted from the Cambridge College of Learning ("CCOL") were false. That institution had never offered a legitimate postgraduate qualification in information technology. So much was verified by the judgment in what may properly be called a test case, heard in June 2009, TR (CCOL cases) Pakistan [2011] UKUT 33. The FTT dismissed the applicant's appeal against the curtailment of his...
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