IA002232014

This is an appeal against the determination of First-tier Tribunal Judge Powell, promulgated on 28 th April 2014, following a hearing at Newport on 22 nd April 2014. In the determination, the judge dismissed the appeal of Almas Matubber. The Appellant subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a male, a citizen of Bangladesh, who was born on 18 th April 1987. He appealed against the decision of the Respondent Secretary of State dated 5 th December 2013 refusing to grant him leave to remain in the UK as a Tier 4 (General) Student Migrant.

The Appellant�s claim was that he met the requirements of paragraph 245ZX of HC 395. In the alternative, he had private life rights in the UK. It is important to note that it is only possible to surmise the Grounds of Appeal because as the judge pointed out, �the Appellant�s Grounds of Appeal do not seem to relate to this appeal and are otherwise generic in content� (para 19).

The grounds of application state that the Appellant was entitled to 60 days to vary his application after his Sponsor college was removed from the list of designated colleges by the government. The Respondent failed to follow policy and made an unfair decision which the judge failed to assess. Moreover, the judge failed to assess the Appellant�s Article 8 rights.

On the renewal application, permission to appeal was granted by the Upper Tribunal on 10 th July 2014. It was held that given that the Appellant had not been given a 60 day period, and it had wrongly been suggested that he had been, permission should be granted.