Tuesday 8 March 2022
Second appeal. Nationals of Bangladesh. Refusal of human rights claim based on Article 8 ECHR. The appellant arrived in September 2009 with leave as a student and made successive applications culminating in the present application in January 2019 for Indefinite Leave to Remain.
The First Tier Tribunal allowed further submissions as to the wife’s medical condition to be made post hearing and also re the applicant’s assertion that a Tier 1 Entrepreneur application made was wrongly refused in 2015 and the decision should now be departed from because the business to which the Entrepreneur application related was genuine. It dismissed the appeal finding that there was no jurisdiction to go behind the previous FTT determination.
The Upper Tribunal dismissed the appeal finding that the FTT had no jurisdiction to consider the historical injustice point as it was a new matter for the purposes of S.85 NIAA 2002. The post hearing submissions sent to the FTT did not meet the Ladd v Marshall test and the FTT could not look behind its 2015 decision as that matter was res judicata.