IA000922018

Although the Appellant in these proceedings is the Secretary of State I refer to the parties as they were in the First-tier Tribunal.

The Appellant, a national of India, appealed to the First-tier Tribunal against the decision made by the Secretary of State on 7 th May 2014 to refuse his application for leave to remain as a Tier 4 (General) Student Migrant under the points-based system. First-tier Tribunal Judge Dhaliwal allowed the appeal. The Secretary of State now appeals to this Tribunal with permission granted by Designated Judge Peart on 27 th November 2018.

It appears from the papers before me that the Secretary of State requested that the Tribunal give urgent consideration to the matter of the validity of the appeal and a direction was issued by Designated Judge McCarthy on 6 th June 2018 to both parties stating that the Tribunal was satisfied that there was a valid in-country appeal and that the hearing would take place as listed in light of the decision in Ahsan .

The hearing took place on 12 th October 2018 before First-tier Tribunal Judge Dhaliwal. In her decision she addressed the issue of jurisdiction at paragraph 3 stating the background to the lodging of the appeal and confirming that the Tribunal accepted the Appellant's appeal as being a valid appeal and extended time.

First-tier Tribunal Judge Dhaliwal went on to consider the evidence before her and concluded that the Secretary of State had not discharged the burden of proving that the Appellant had practised deception in relation to the TOEIC certificate. The judge allowed the appeal on human rights grounds.