IA021042013

(Immigration and Asylum Chamber)����������������������������������� Appeal Number: IA/02104/2013

The appellant is a citizen of Bangladesh who was born on 9 January 1989.� On 30 July 2012 he applied for leave to remain in the United Kingdom as a Tier 4 (General) Student Migrant under the points-based system.� The application was refused. A decision was also made to remove the appellant from the United Kingdom by way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006.�

The reasons for refusal state that the appellant submitted documents purporting to have been issued by Mercantile Bank Limited.� The Secretary of State was satisfied that the documents are false, as Mercantile Bank Limited confirmed that they did not issue them.� On the basis that false documents had been submitted in relation to the application it was refused under paragraph 322(1A) of the Immigration Rules and as a result there was a refusal of the application for leave to remain as a Tier 4 (General) Student Migrant under paragraphs 245ZX(a), 245ZX(d) and 322(1A).

The appellant appealed that decision.� The case came before First-tier Tribunal Judge Braybrook.� In a determination promulgated on 2 April 2013 the judge dismissed the appeal under the Immigration Rules but found that the decision to remove under paragraph 47 is not in accordance with the law.�

The appellant applied for permission to appeal to the Upper Tribunal.� Permission to appeal was granted.� It was found arguable that the judge erred in failing to consider Article 8 ECHR when it was clearly raised and argued before her.� Although it was not considered that there were merits in the other grounds raised, all were found to be arguable.�