IA012242015

This appeal arises from the appeal of Md Ahamed Sharif, a citizen of Bangladesh born 19 July 1980, against the decision of 16 December 2014 to refuse his application for further leave to remain as a student. The appeal having been dismissed by the First-tier Tribunal he now appeals to the Upper Tribunal with permission.

His witness statement set out that in order to enrol with Sanjani College he had needed to obtain appropriate evidence of his English language proficiency and to pay the first year of tuition fees of £2,500; the process of raising those funds and registering for the test meant he had to submit his application without a CAS. All places to sit for the test were taken up. He became very anxious and lacked funds to go elsewhere, having now paid his deposit. By the time he had raised funds to study at a different college his application had been refused.

Dismissing the appeal on 18 June 2015, the First-tier Tribunal noted that it was now agreed that the decision letter had erred in its allegation that the Appellant had applied after his leave's expiry; however the appeal was doomed to fail without a valid CAS, and it was not suggested that the decision amounted to a disproportionate interference with his human rights.

Grounds of appeal submitted that the First-tier Tribunal had erred in law in overlooking the Appellant's explanation for his difficulties in supplying a CAS.

On 12 June 2015 Judge Bruce granted permission to appeal on the grounds that the First-tier Tribunal had arguably erred in law in overlooking the Respondent's ostensible failure to implement their usual policy to give sixty days' grace for an applicant to find an alternative Sponsor where their original college had lost its licence.