Conclusions
Analysis open to the Secretary of State: decisions not irrational
Drawing this analysis together, the Secretary of State was entitled to conclude that:
The requirements of ROB 8.6(a) were not met; and
Serena Euro was not a genuine business and had been created for the purposes of facilitating entry clearance.
For those reasons, this claim for judicial review is dismissed.
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- Heading
- Upper Tribunal Judge Stephen Smith
- Factual background
- The decisions under challenge
- Grounds of challenge
- Submissions
- The law
- First issue: Appendix ROB 8.6(a) requires overseas ownership from incorporation
- The second issue: refusal not irrational
- Non-citation of ROB 5.1 not material
- Secretary of State entitled to conclude that the business was not genuine etc
- Nothing turns on the references to invoices and business documents
- Remaining facets of ground 2
- Conclusions
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