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For the Appellants: Ms C Fletcher, Counsel, instructed by Adam Bernard Solictitors
This is a re-making of Mr Azad's appeal against the respondent's refusal of further leave as a Tier 4 student. The re-making is required following the setting aside of the determination of First-tier Tribunal Judge Oliver promulgated on 18 July 2017 in my error of law decision issued on 16 March 2018.
The appellant is a citizen of Bangladesh born on 17 March 1985. He came to the UK with leave as a student from 13 October 2009 to 31 October 2013. He applied in time to extend that leave. The application was refused on 31 January 2014.
Mr Azad appealed. His appeal was allowed on 2 January 2015. The First-tier Tribunal found that the appellant had started classes at a new college, Lea Valley College, on 11 November 2013, that is, within a month of the end of his substantive leave albeit he did not obtain a CAS until 20 January 2014. The First-tier Tribunal allowed the appeal on the basis that the respondent's decision was not in accordance with the law and remitted the matter to the respondent for a new decision to be made.
The respondent made a new decision on 26 May 2015, affording the appellant 60 days to obtain a new CAS, that is by 25 July 2015. The appellant made an application for further Tier 4 leave on 24 July 2015 in order to begin a course on 17 August 2015.
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