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The appellant is a citizen of Pakistan. The appellant had been granted leave to study at Leicester international College and that leave was valid until August 15, 2015. The respondent curtailed his leave with immediate effect on February 28, 2014 and at the same time issued removal directions pursuant to Section 47 of the Immigration, Asylum and Nationality Act 2006.
The appellant appealed under section 82(1) of the Nationality, Immigration and Asylum Act 2002 on march 13, 2014.
The matter came before Judge of the First-tier Tribunal Howard (hereinafter referred to as the �FtTJ�) as a paper case on August 15, 2014 and in a decision promulgated on September 17, 2014 he dismissed the appellant�s appeal.
The appellant lodged grounds of appeal on September 26, 2014. He submitted the FtTJ erred because the respondent had failed to produce any evidence that supported her claim.
Judge of the First-tier Tribunal Nicholson granted permission to appeal on December 10, 2014 finding that in light of JC (Part 9 HC 395-burden of proof) China [2007] UKAIT 00027 the burden of proving a precedent fact lay on the party making the claim namely the respondent.
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