IA183522014

The claimant, Milind Mayankumar Vyas, date of birth 24.10.81, is a citizen of India.

This is the appeal of the Secretary of State against the determination of First-tier Tribunal Judge Thanki promulgated 9.10.14, allowing the claimant�s appeal against the decision of the respondent, dated 28.3.14, to curtail his leave to remain and to remove him from the UK by way of directions under section 47 of the Immigration Asylum and Nationality Act 2006. The Judge heard the appeal on 19.9.14.

First-tier Tribunal Judge TRP Hollingworth granted permission to appeal on 25.11.14.

In granting permission to appeal, Judge Hollingworth considered that the Secretary of State�s decision to curtail leave was sustainable and commensurate with the information then in her possession. �In other words, the respondent can only make decisions based on the information supplied by the appellant. It appears at no time did the appellant inform the respondent of compassionate circumstances. So that on the face of the appeal there is no manifestation of unfairness.�

The ground of appeal point out that curtailment of leave is mandatory as expressed in Rule 323A(a)(ii), if the migrant fails to commence studying with the sponsor. There can be no dispute that the claimant failed to commence studying with the sponsor. The Home Office guidance is to the same effect, that leave must be curtailed �unless one of the exceptions below applies, in which case curtailment is discretionary.� None of the exceptions under Rule 323A(b)(iv) apply to the claimant.