IA007812014

The appellant is a citizen of Nepal who applied for leave to remain in the United Kingdom as a Tier 4 (General) Student Migrant under the Points Based System. It was refused by the respondent in a decision dated 10 December 2013.

There was a considerable amount of confusion as to what was degree level or above but it appears to have been settled in written material that was provided to the judge after the hearing, and which the judge agreed to take into account that, the definitions are to be found within the Immigration Rules.

The courses to which the Judge referred in paragraphs 6, 9 and 11 total something like 54 months.

I adjourned the hearing on 16 July 2014 because, at paragraph 8 of the determination, the appellant told the Judge that there was a further period of study at Kaplan Financial between 28 January 2008 and 19 May 2009 when she was studying at levels 5 and 6. It follows that if the period she was studying at level 6 exceeded six months, her present course would exceed the permitted 60 month period. I gave these directions, amongst others:

The resumed hearing is limited to a consideration of whether, in the period between 28 January 2008 and 19 May 2009, the appellant was studying at Kaplan Financial at level 5 or 6 whilst she followed a course with the Chartered Institute of Management Accountants and, if at level 6, the period of study at that level.