IA009142013

(Immigration and Asylum Chamber)������������������������������������ Appeal Number: IA/00914/2013�����

1.������ The Secretary of State appeals, with permission, against a decision of Judge of the First-tier Tribunal Wyman who, in a determination promulgated on 8 May 2013, allowed the appeal of Md Saeed Hasan against a decision of the Secretary of State made on 2 January 2013 to refuse the appellant's application for leave to remain in the United Kingdom as a Tier 4 (General) Student.

2.������ Although the Secretary of State is the appellant in the appeal before me I will refer to her as the respondent in this determination as she was the respondent in the First-tier Tribunal. Similarly, although Md Saeed Hasan is the respondent in this appeal, I will refer to him as the appellant as he was the appellant in the First-tier Tribunal.

3.������ The appellant was granted leave to enter Britain in January 2008 as a student, being given leave until 30 April 2011.� On 25 January 2012 he was granted further leave to remain in Britain as a Tier 4 (General) Student until 30 July 2012. He made an application on 30 July for an extension of stay as a student.� He did not, at that date, have the necessary certificate of proficiency in English.

4.������ On 16 August 2012 UKBA wrote to him thank him for his �attempted application for leave to remain�.� They went on to say that his application was invalid and that the application form was returned. The reason being given that �although credit/ debit card details had been� provided the issuing bank rejected the payment�. He was invited to make a further application. The writer of the letter stated:�