IA221792012

The appellant in the Upper Tribunal is the Secretary of State for the Home Department. The respondent, Mr Hao Xing, is referred to hereafter as the applicant. He was born on 5 th January 1982 and is a citizen of China. He appealed before First-tier Tribunal Judge N M K Lawrence (the Judge) against the decision of the Secretary of State, made on 26 th September 2012, to refuse to vary his leave to remain in the United Kingdom as the dependant of a Tier 1 (Post-Study Work) Migrant. The Judge dismissed the appeal under the Immigration Rules in a determination promulgated on 3 rd December 2012.

Permission to appeal against the Judge�s decision to the Upper Tribunal was granted to the applicant by First-tier Tribunal Judge Pooler on 20 th December 2012. The matter was then determined without a hearing by Deputy Upper Tribunal Judge M A Hall sitting at Sheldon Court, Birmingham, on 12 th June 2013. He found that the Judge had made a material error of law in the making of his decision, set it aside and remade it by allowing the appeal under the Immigration Rules in accordance with the case of Khatel and others (s85A; effect of continuing application) [2013] UKUT 44 (IAC) .

(1) On receiving an application for permission to appeal the Upper Tribunal may review the decision in accordance with rule 46 (review of a decision), but may only do so if-

(a) when making the decision the Upper Tribunal overlooked a legislative provision or binding authority which could have had a material effect on the decision; or

(b) since the Upper Tribunal�s decision, a court has made a decision which is binding on the Upper Tribunal and which, had it been made before the Upper Tribunal�s decision, could have had a material effect on the decision.