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This is an appeal against a decision of First-tier Tribunal Judge Herlihy, promulgated on 12 January 2017, in which the Judge dismissed the appeal.
The appellant, a national of India born on 22 September 1986, appealed against a decision to refuse an application dated 28 July 2014 for a variation of his leave to remain as a Tier 4 (General) Student Migrant under paragraph 245ZX of the Immigration Rules.
The respondent refused the application on the basis the appellant had failed to submit a valid CAS leading to a refusal pursuant to paragraph 117 of Appendix A of the Rules and under paragraph 245 ZX(c), and unlike mandatory grounds by reference to paragraph 322 (1A).
Having considered the matter with the required degree of anxious scrutiny the Judge sets out findings of fact in [7] of the decision under challenge which can be summarised in the following terms:
i. That a Document Verification Report relied upon by the respondent in support of additional ground of refusal pursuant to paragraph 322(1A) is incomplete and did not provide to a high degree of proof that a certificate from LEBC relied upon by the appellant is false [7.6].
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