IA015762015

The Appellant is a citizen of Pakistan, born on 1 st November 1976. His appeal, against the Respondent's decision to refuse leave to remain on human rights grounds and the decision to remove him under Section 47 of the Immigration, Asylum and Nationality Act 2006, was dismissed by First-tier Tribunal Judge Callow in a decision promulgated on 14 th October 2015.

The Appellant came to the UK, aged 38 years old, on a Tier 4 (General) Student Migrant visa in 2010. He was granted further leave to remain and in fact was awarded his ABP Post Graduate Diploma in Information Systems in August 2014. The Appellant applied for leave to remain outside the Immigration Rules. He wished to study for a masters degree but had suffered from hepatitis C and heart disease and was unable to continue his studies. The Appellant sought leave to remain outside the Immigration Rules.

The Respondent refused the application on the basis that variation of leave was being sought for a purpose not covered by the Rules. The Secretary of State found that there were no particularly compelling circumstances in the Appellant's case. Although he had a chronic liver condition and heart disease, treatment for his condition would be available in Pakistan. His application was refused.

The Appellant appealed to the First-tier Tribunal who dismissed the appeal for the following reasons:

"12. In the present appeal it has not been established that all of the circumstances of the Appellant's return are exceptional and are not sufficient to reach the high threshold under Article 3.