IA021742014

The appellant, Tahir Mahmood Bashir, was born on 25 April 1983 and is a male citizen of Pakistan. In a decision dated 30 December 2013, the appellant was refused further leave to remain in the United Kingdom as a Tier 4 (General) Student Migrant. The appellant appealed against that decision to the First-tier Tribunal (Judge Watters) which, in a determination promulgated on 13 March 2014, dismissed his appeal. The appellant now appeals, with permission, to the Upper Tribunal.

Finally, the judge�s determination in respect of the respondent�s decision to remove the appellant under Section 47 of the Immigration, Asylum and Nationality Act 2006 is also incorrect. The decision in this appeal was taken after 8 May 2013, the date on which Section 51 of the Crime and Courts Act 2013 became effective. There was, therefore, nothing wrong with the conclusion of a decision to remove the appellant in the same notice and the decision to refuse him further leave to remain.

The determination of the First-tier Tribunal which was promulgated on 13 March 2014 is set aside. I have remade the decision. The appeal is allowed and, accordingly, the appellant�s application for further leave to remain remains outstanding before the Secretary of State.