IA017972016 & IA017982016

These are linked appeals against the decision of First-tier Tribunal Judge Gandhi promulgated on 11 December 2017.

The Appellants are citizens of India and are wife and husband. The First Appellant was born on 5 November 1990 and the Second Appellant on 11 April 1984. They appealed to the IAC against decisions of the Respondent dated 5 April 2016 to refuse further leave to remain and to issue removal directions pursuant to section 47 of the Immigration and Nationality Act 2006.

The First Appellant, who has been the principal applicant and appellant in these proceedings, arrived in the United Kingdom in October 2010 with leave to enter as a Tier 4 Migrant. The Second Appellant has at all relevant times been treated as a dependent partner and granted leave 'in line' with his wife, until in due course he was refused leave to remain pursuant to the rejection of his wife's application.

The First Appellant's leave to enter was curtailed by decision of 1 May 2014, to take effect on 30 June 2014. An application for further leave to remain was made: the precise date of the application has been the subject of controversy - see below. The application was made to study at Zaskin College in Harrow for a diploma in business administration management. However, by the date of the Respondent's decision the Appellant had no Confirmation of Acceptance for Studies ('CAS'), and her application was refused accordingly. The Second Appellant's application as a dependant was also refused.

It would now appear that the Respondent's decisions were first made on 5 August 2015 with no right of appeal. Following a challenge by way of judicial review the decisions were in due course re-issued on 5 April 2016 with a right of appeal. See further below. This circumstance does not appear to have been known to the First-tier Tribunal Judge.