IA162822014

Although this is an appeal by the Secretary of State I will refer to the parties as they were before the First-tier Tribunal.

The appellant is a citizen of Turkmenistan born on 23 rd May 1988. On 6 th February 2014 the appellant made an application as a Tier 4 student. On 18 th March 2014 the appellant was refused because he was not awarded any points under Appendix A. The respondent contended he had no right of appeal due to his having made his application when he did not have leave to remain. The appellant appealed however on 2 nd April 2014. His appeal was allowed in a determination of Judge of the First-tier Tribunal Gibb promulgated on 4 th December 2014.

On 23 rd January 2015 Judge of the First-tier Tribunal Saffer found that there was an arguable error of law because it was arguable that there was no jurisdiction for the Tribunal to hear the appeal.

The matter came before me to determine whether the First-tier Tribunal had erred in law.

Mr Cole arrived late and explained that he had only been instructed at 2.30pm via text message. The solicitors had thought they had instructed counsel but in fact had forgotten to do so. He did not have papers and needed some more time. I provided him with an appeal bundle and gave him to time to read it. I explained to the appellant and Mr Cole the issue before the Tribunal. Ms Savage also supplied Mr Cole with a copy of s.82 of the Nationality, Immigration and Asylum Act 2002 as it stood at the time of decision and appeal.