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For the Appellant: Mr P R Collins, Counsel, instructed by Breytenbachs Immigration
The Appellant, a national of Mongolia, date of birth 16 February 1973, appealed against the Respondent's decision, dated 14 June 2012, to dismiss an application made on 19 February 2012 for leave to remain as a Tier 4 (General) Student Migrant. The Respondent asserted there was no right of appeal because the application was made when the Appellant did not have leave to remain.
The Appellant therefore made a further application for leave to remain (Tier 4 (General ) student migrant) (the second application) on 9 February 2012.
Permission to appeal the judge�s decision was given by First-tier Tribunal Judge R A Cox on 13 June 2014.
It is clear from the case law, particularly the decisions in Alam and Others [2012] EWCA Civ 960 particularly [50, 51] and Rodriguez [2014] EWCA Civ 2 [86] that issues of invalidity as opposed to aspects of an application that fell for substantive consideration should be distinguished one from another and the mandatory sections in application form have to be completed for there to be a valid application. In those circumstances it is plain and accepted that the Appellant did not provide the CAS number required with the earlier application.
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