IA021912013

This is an appeal to the Upper Tribunal, with permission, by the Appellant against a determination of the First-tier Tribunal (Judge Tipping) who by a determination promulgated on 6 th June 2013 dismissed the Appellant�s appeal against the Secretary of State�s decision to refuse to vary his leave as a Tier 4 (General) Student Migrant and to remove him under s.47 of the Immigration, Nationality and Asylum Act 2006.

When granting permission to appeal First-tier Tribunal Judge Frankish did not deal with the question of timeliness as he was required to do. The time for seeking permission to appeal expired on 17 th June but the application was not received by the Tribunal until 2 nd July.

In Samir (First-tier Tribunal permission to appeal :time) [2013] UKUT 3 (IAC) it was made clear that in such circumstances the grant of permission is a conditional grant and that I as a First-tier Tribunal Judge must first decide whether to admit the application.

The application explains that the Appellant is paying privately for the appeal proceedings and took time to raise funds and as soon as he did so the representatives submitted the application. As the First-tier Tribunal determination does not deal with the s.47 removal decision it is arguable the First-tier Tribunal erred and so I admit the application.

Neither the Appellant nor his representative attended the Upper Tribunal for the hearing. Notice of Hearing was sent out by the Tribunal on 19 th July. When my clerk telephoned Malik Law Chambers she was told that a fax had been sent to the Tribunal on 12 th August asking that it be dealt with on the papers. No such fax has been received and I note that the copy faxed to-day contains no stamp suggesting that it was faxed previously. Be that as it may, as the representatives asked that it be dealt with without their or their client�s presence I did so.