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Background [1] The petitioner is a citizen of Afghanistan who arrived lawfully in the United Kingdom under a student visa on 21 August 2012. His student visa allowed him to undertake an HND in Business Studies at the North Glasgow College. By January 2013 he had commenced his studies and he had paid substantial overseas student fees in respect of his course. He worked at a take away food shop in the city.
[2] A standard condition of the petitioner's student visa was that he may work in the United Kingdom up to a maximum of 10 hours per week. On 24 January 2013 immigration officers attended at the take away food shop and interviewed the petitioner and his manager. The petitioner maintained that he only worked less than 10 hours per week. The shop manager indicated the petitioner worked in excess of 10 hours per week. The Immigration officer decided that the petitioner had worked in excess of 10 hours and was therefore in breach of the conditions attached to his visa.
[3] The relevant statutory provisions regarding the right of appeal against this decision are s10(1)(a) of the Immigration and Asylum Act 1999 (the 1999 Act) which provides that:
"10(1) A person who is not a British citizen may be removed from the United Kingdom, in accordance with directions given by an immigration officer, if -
(a) Having only a limited leave to enter or remain he does not observe a condition attached to the leave or remains beyond the time limited by the leave;"
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