Sultana Kishver v The Secretary of State for the Home Department

Facts

The appellant, Sultana Kishver, is a national of Pakistan who arrived in the United Kingdom with her husband on 12 September 2004 with leave to enter as visitors, due to expire on 1 March 2005. In January 2005 both made applications, or purported applications, for leave to remain; her husband's was refused under the rules. Having received no response to her application of 24 January 2005, the appellant submitted a further application on 11 March 2005. An earlier refusal was subsequently withdrawn, and the substantive refusal on which the proceedings were based was dated 19 March 2009; it refused further leave and stated that there was no right of appeal. The appellant nonetheless lodged a notice of appeal, received by the Tribunal on 2 April 2009. Immigration Judge R A Britton heard the purported appeal on 12 June 2009 and dismissed it in a determination sent out on 6 June 2009. An order for reconsideration was granted on 27 July 2009 and the matter came before the Asylum and Immigration Tribunal, differently constituted as now, on 8 October 2009. Following the abolition of that Tribunal the appeal came before the Upper Tribunal, where the Secretary of State contended that there had never been a valid right of appeal because the appellant had used the wrong prescribed form, and the appellant contended that a removal decision ought to have been made alongside the refusal of leave.