Remaining facets of ground 2
Remaining facets of ground 2
At para. 18, above, I summarised the different facets of ground 2. In light of my analysis, I resolve those issues as follows:
Nothing turned on the decisions’ reliance on the substantive requirements of Appendix ROB without citing the specific paragraphs, in the circumstances of this case;
Para. ROB 8.6(a) was not met;
The Secretary of State was not confined to para. 8.6(a);
It is nothing to the point that by the time of the application under Appendix ROB Serena UAE was the majority shareholder;
The Secretary of State was entitled to ascribe significance to the preponderance of documents addressed to the second appellant, rather than the first, in light of his role with Serena UAE;
It was not irrational for the Secretary of State to ascribe significance to the second applicant’s role in Serena Euro, in light of all remaining factors;
Nothing in the remaining documents before the Secretary of State demonstrates that her approach was irrational.
- 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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