I am having a lot of Tier 1 (Entrepreneur) Visa appeals at present, on Friday I had the appeal allowed, not to go back to the Home Office but outright, which as a direct access barrister was very rewarding. Previously I have had appeals allowed to go back to the Home Office because the Secretary of State has failed to follow her own evidential flexibility policy.
In this particular case notwithstanding that the covering letter made reference to “invoices (contracts)” and that 3 contracts were submitted the Home Office refused the application on the basis that there had not been any contracts submitted. As if this was not bad enough the Secretary of State did not follow her own evidential flexibility policy but refused the case outright.
The Appellant was understandably unhappy with this refusal and appealed. Along with the appeal went a request that the Home Office reconsider. The Home Office refused to reconsider.
The matter came before Immigration Judge Omotosho on Friday 27 September 2013. The Home Office stated that there was no evidence that the contracts had been submitted. However the Home Office did not cross examine the Appellant and therefore accepted that he had submitted the documents as claimed.
The Immigration Judge, after considering whether to allow the Home Office to reconsider decided to allow the appeal outright at the hearing.
Paul Turner is a highly regarded direct access immigration barrister licensed by the Bar Council to provide direct access services directly to the public and is currently practising at Tooks Chambers, the Chambers of Michael Mansfield QC at 81 Farringdon Street London, EC4A 4BL