IA081042015

This is an appeal against the decision, promulgated on 9 October 2015, of First-tier Tribunal Judge M A Khan (hereinafter referred to as the judge).

The appellant entered the United Kingdom with leave to enter as a student on 1 October 2009, valid until 21 September 2011. That leave was extended in the same capacity until 18 November 2014, when the appellant applied for further leave to remain outside the Immigration Rules on the basis that he had been diagnosed with Bell's palsy as well as an ear problem, which prevented him from studying. The appellant wished to remain in the United Kingdom in order to continue studying once he had received medical treatment and his medical condition improved.

On 16 February 2015, a decision was made to remove the appellant. A refusal letter of the same date stated that the appellant's medical condition was not considered to amount to exceptional circumstances.

At the hearing before the judge, the appellant did not attend and nor was he represented. The appeal proceeded by way of submissions on behalf of the respondent alone. The judge found that the appellant's medical condition did not meet the high threshold required in relation to Article 3 ECHR. Furthermore, he found that the appellant could not meet the requirements of paragraph 276ADE of the Rules and that the appellant's time in the United Kingdom had been precarious.

First-tier Tribunal Judge PJM Hollingworth granted permission, finding that it was arguable that an error of law had arisen regarding the scope of evidence considered by the judge. Permission was not expressly refused on the other grounds.