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For the Respondent: Ms M Malhotra (counsel) instructed by Malik Law Chambers, solicitors.
I have considered whether any parties require the protection of an anonymity direction. No anonymity direction was made previously in respect of this Appellant. Having considered all the circumstances and evidence I do not consider it necessary to make an anonymity direction.
The Secretary of State for the Home Department brings this appeal, but in order to avoid confusion the parties are referred to as they were in the First-tier Tribunal. This is an appeal by the Secretary of State against a decision of First-tier Tribunal Judge Thanki, promulgated on 30July 2015, which allowed the Appellant's appeal to the limited extent that the Judge found the respondent's decision was not in accordance with the law.
On 17 December 2014 the Secretary of State refused the Appellant's application for leave to remain in the UK as a tier 4 (general) student.
The Appellant appealed to the First-tier Tribunal. First-tier Tribunal Judge Thanki ("the Judge") allowed the appeal against the Respondent's decision and remitted the case to the respondent to make a lawful decision, directing that no such decision should be made for 60 days from the date of promulgation of his decision to enable the appellant to obtain a fresh CAS and to enable the appellant to vary his existing application to study at the address given in the new CAS letter.
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