IA016082013

This is an appeal by the Secretary of State against a decision of the First-tier Tribunal. For convenience we refer to the respondent as the Claimant.

The Claimant is a citizen of Nepal, born on 13 April 1981. On 24 July 2012, within the currency of his existing leave, he applied for leave to remain as a Tier 4 (General) Student Migrant. His application was refused with reference to paragraph 245ZX(ha) of HC 395 (as amended) on the basis that his entry clearance or leave to remain exceeded (or would exceed) a period of five years study at degree level or above, a period in excess of that permitted under the Immigration Rules.

His appeal against that decision was allowed by First-tier Tribunal judge A.R. Williams in a decision promulgated on 11 September 2013. It was argued before Judge Williams that the Bachelor of Business Administration (�BBA�) for which the Claimant studied at Middlesex College was not at degree level within the meaning of the Immigration Rules. Thus, he was not caught by the Rule preventing degree level study for more than five years. Judge Williams concluded at [36] that paragraph 245ZX(ha), in referring to courses at degree level, must imply a course that is a recognised degree in the UK.

The same argument was advanced on behalf of the Claimant before us. Mr Bhattarai submitted that the BBA is not awarded by a university and so is not a degree. Mr Deller submitted that the course did not have to be �degree level study� within the meaning of paragraph 6 of the Immigration Rules.

�If the course is at degree level or above, the grant of leave to remain the applicant is seeking must not lead to the applicant having spent more than 5 years in the UK as a Tier 4(General) Migrant, or as a Student, studying courses at degree level or above��