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The SSHD appeals to the Upper Tribunal from the decision of the First-tier Tribunal (Judge Symes sitting at Richmond on 29 April 2014) allowing the claimant�s appeal against the decision by the SSHD to refuse to vary his leave to remain in the United Kingdom as a Tier 4 Student Migrant, and to make directions for his removal.
The ground of refusal was that on 13 August 2013 he had been encountered working illegally, and so his application was refused under paragraph 322(3) for a failure to comply with conditions attaching to his leave to enter as a student. In the refusal notice dated 14 August 2013 he was informed that he had no right of appeal.
The claimant was removed on 12 October 2013, and appealed out of country on 30 October 2013. His case was that he had been misled by his college into thinking that he was allowed to work. He asked that he be granted another visa.
Permission to appeal on error of law grounds was granted by Judge Colyer on 23 June 2014.
The judge also erred in law in allowing the appeal against removal on the ground that �there can be no power to remove a person where there their variation application was inadequately dealt with�. The judge failed to recognise that the removal decision preceded the decision to refuse to vary the claimant�s leave.
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