IA246822013

The respondent, Muhammad Amjid Khan, was born on 1 October 1981 and is a male citizen of Pakistan. I shall hereafter refer to the respondent as the appellant and to the appellant as the respondent (as they were before the First-tier Tribunal).

The appellant arrived in the United Kingdom on 28 September 2010. On 20 February 2012, he made a combined application for leave to remain as a Tier 4 (General) Student Migrant and for a biometric residence permit (BRP). By a decision dated 30 May 2013, that application was refused. The appellant appealed to the First-tier Tribunal (Judge Fox, determining the appeal on the papers at Glasgow) which, in a determination promulgated on 26 February 2014, allowed the appeal. The Secretary of State now appeals, with permission, to the Upper Tribunal.

The issue in this appeal may be stated briefly. As noted above, the appellant made his application with supporting documents on 20 February 2012. On 23 May 2012, the UK Border Agency made a decision to revoke the licence of Lincoln�s College, London. This was the college from which the appellant had obtained his Certificate of Acceptance for Studies (CAS). On 15 August 2012, the UK Border Agency wrote to the appellant in the following terms:

During the 60 day period it is open to you to withdraw your application and submit a fresh application in a different category or to leave the United Kingdom. If you do decide to withdraw your application, you will need to confirm this by writing to us at the address given at the top of this page.

However, if you wish to remain in the UK as a Tier 4 Student, it is open to you to obtain a new CAS for a course of study at a fully licensed Tier 4 educational sponsor and then submit an application to vary the grounds of your original application.