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He arrived in the United Kingdom on 31 st July 2006 as a student with a visa valid until 31 st October 2009. Further leave to remain as a student was granted until 29 th October 2012.
The appellant applied for further leave to remain as a student but that was refused on the basis that he was seeking to undertake studies at a degree level or above beyond the maximum period of five years.
The appellant sought to appeal against that decision, which appeal came before First-tier Tribunal Judge Youngerwood on 1 st May 2013.
It was common ground that the appellant could not meet the requirement of the Immigration Rules, but nevertheless argument was advanced on the basis of Article 8 of the ECHR.
In summary the appellant unfortunately was diagnosed with a schizoaffective disorder in November 2007. He was admitted to hospital under the Mental Health Act on 20 th January 2007 until 8 th January 2008. Since then he has been receiving treatment and assistance for his condition.
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