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The appellant is a citizen of Afghanistan born on 1 January 1994 and he appealed against the decision of the respondent dated 1 September 2011 refusing to grant him leave to remain in the UK and to refuse to vary his leave to remain.
The appellant initially claimed asylum on 10 March 2009 after arriving in the UK by means of a lorry with the assistance of an agent, but this claim was refused on 18th June 2009. However, he was granted discretionary leave as a minor until 1 July 2011.
A decision to refuse to vary the appellant�s leave to enter or remain and a decision to remove him was made on 1 September 2011 and it is against that decision that the appellant appealed.
His appeal against the refusal of further leave was heard by First Tier Tribunal Judge Herlihy on 31 October 2011 and it was dismissed. He appealed to the Upper Tribunal and on 3 July 2012 the appeal was remitted back to the First-tier Tribunal for a re-hearing. On 6 December 2013 the appellant�s solicitors queried the progress of the appeal and the case was listed on 4 April 2014 before Judge of the First-tier Tribunal Sharp.
By the time the case was listed before Judge Sharp the appellant was 20 years of age and described as �a mature young man, well able to express himself�.
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