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This is the appeal of the Secretary of State against the determination of First-tier Tribunal Judge Perry promulgated 13.11.14, allowing the claimant�s appeal against the decision of the Secretary of State to refuse his Tier 4 (General) Student migrant application for further leave to remain. The Judge heard the appeal on 6.11.14.
Something has gone seriously wrong with the appeal process. It stems from the fact that there are two different decisions by the Secretary of State.
The first is a decision dated 20.2.14 refusing an application made on 14.11.12, because the claimant�s CAS was not valid when checked and although he was given 60 days to submit a new one, he failed to do so.
The second is a decision dated 11.4.14 refusing a further application made on 12.2.14, because it appeared to the Secretary of State that the claimant had undertaken a further course of study in breach of a condition of his leave imposed by section 50 of the Borders, Citizenship and Immigration Act 2009.
Only the second decision was appealed by the claimant, as confirmed by the reference number on the notice of appeal.
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