IA005922013

The appellant, who is a national of India born on 12 February 1989, has appealed against a decision of First-tier Tribunal Judge Hopkinson, who had dismissed his appeal against the refusal of the respondent to vary his leave to remain in the UK as a Tier 4 (General) Student. At the same time as refusing the appellant's application, the respondent also made a decision to remove the appellant by way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006.

I stated further that before so ordering, the Tribunal would considerer any representations made on behalf of the respondent as to why this appeal should not be allowed to this limited extent, so long as such representations were filed with the Tribunal and served on the appellant by no later than 7 days after service of this decision.

Following service of this decision on the parties, and of my decision granting limited position to appeal, a response was received from the respondent, dated 31 July 2013, in which the respondent expressed agreement with the Tribunal's provisional view. No further representations have been received from or on behalf of the appellant.

It appears that the file was mislaid and it has only just been placed before me, containing the response from the respondent referred to above. In light of this response I now make the decision which I indicated I intended to make, for the reasons set out in my earlier Decision.

I set aside the determination of the First-tier Tribunal as containing a material error of law and substitute the following decision: