IA010762014

The appellant, a citizen of Pakistan born on 21 February 1989 appeals, with permission, against a decision of Judge of the First-tier Tribunal Khan who in a determination promulgated on 19 May 2014 dismissed the appellant�s appeal against a decision of the Secretary of State to refuse to grant him leave to remain as a Tier 4 Migrant.

The appellant�s grounds of appeal, in general form, stated that the decision was not in accordance with the Immigration Rules, discretion under the Rules should have been exercised differently by the respondent and that the decision was unlawful because it was incompatible with the appellant�s rights under the ECHR.

At the hearing of the appeal before the judge the appellant gave evidence submitting that when he had been issued with the CAS letter the college was a Tier 4 sponsor and not a legacy sponsor as alleged by the respondent.

The judge set out his conclusions in paragraphs 22 onwards. He pointed out that when the appellant made his application as a Tier 4 Student Migrant he was a new student whereas the CAS clearly stated that it was a general legacy CAS. The appellant was however a new student and legacy sponsors CAS could only be assigned to existing students or those who were to take re-takes. That was not the case here and therefore the appellant had not provided a valid CAS for the course he intended to study. The appellant therefore did not meet the requirements of the Rules.

�26. With respect I do not agree with the appellant�s representative�s submission that the appellant is in the middle of his studies and the respondent�s decision is in breach of his private life being half way through his studies. The appellant�s sponsor does not have the licence to teach the course the appellant is claiming to be studying, therefore he cannot be studying the claimed course.