IA162552014

Whereas the original respondent is the appealing party, I shall, in the interests of convenience and consistency, replicate the nomenclature of the decision at first instance.

The appellant is a citizen of Bangladesh. The appellant was granted leave to enter as Tier 4 (General) student on October 17, 2009 valid until October 31, 2011. This leave was extended for him to study at West End College commencing on February 13, 2012 until February 13, 2013. The college�s licence was revoked on August 1, 2012. On April 3, 2012 he commenced a supplementary course at the London Ambassador College. On July 31, 2013 he submitted an application to vary his leave as a Tier 4 (General) Student but the respondent refused this on September 18, 2013.

On October 9, 2013 he submitted a Tier 4 (General) Student application but this was refused by the respondent on March 17, 2014 and at the same time directions for his removal pursuant to section 47 of the Immigration, Asylum and Nationality Act 2006 were given.

The appellant appealed under section 82(1) of the Nationality, Immigration and Asylum Act 2002 on April 3, 2014 and the matter came before Judge of the First-tier Tribunal Black (hereinafter referred to as the �FtTJ�) on October 21, 2014 and in a decision promulgated on October 29, 2014 she found the decision was not in accordance with the law and remitted it back to the respondent for further consideration.

The respondent lodged grounds of appeal on November 3, 2014. She submitted the FtTJ erred by allowing the appellant�s appeal to the limited extent because the appellant was not undertaking his main course of study and the FtTJ erred by allowing the appellant�s appeal to succeed.