IA016152014

For the Appellant: Mr W Evans, Legal Representative, instructed by Templeton Legal

On 12 December 2013, the Secretary of State made decisions to refuse to vary the appellant�s leave to remain in the United Kingdom, as a Tier 4 Student, and to remove her by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006. Her appeal against those decisions came before First-tier Tribunal Judge Napthine (�the judge�) on 28 April 2014. In a determination promulgated on 14 May this year, the judge dismissed the appeal against the adverse decisions.

Permission to appeal was granted on 20 June 2014. The judge granting permission noted that the judge gave clear reasons why the appellant failed to meet the requirements of the rules but it was arguable that he erred in finding against the appellant in relation to paragraph 245ZX(h). It was arguable that the judge erred in his Article 8 assessment, having given weight to the appellant�s apparent failure regarding the level of her course.

In a brief rule 24 response from the Secretary of State, dated 7 July 2014, it was submitted that the judge did not materially err in law. In the light of the judgment of the Supreme Court in Patel & Others [2013] UKSC 72 , any error regarding the level of course was not material. There were several reasons why the requirements of the rules were not met and Article 8 was not a general dispensing power and could not be used to mitigate a near-miss.

In directions made by the Principal Resident Judge, the parties were advised that they should prepare for the forthcoming hearing on the basis that any further evidence that might be required could be considered at that hearing.