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The Appellant, a national of Pakistan, date of birth 2 December 1971, appealed against the Respondent's decision, dated 18 February 2014, to refuse her leave to remain as a Tier 4 (General) Student with reference to paragraph 245ZX(ha) of the Immigration Rules HC 395 as amended (the Rules).
Her appeal came before First-tier Tribunal Judge Callender Smith (the judge) who, on 8 October 2014, decided to refuse the appeal under the Immigration Rules.
Permission was given by Deputy Upper Tribunal Judge Davey on 19 March 2015. A Respondent's notice, dated 14 April 2015, supported the First-tier Tribunal Judge's decision.
I granted permission on one ground which related to a claim that the Secretary of State had miscalculated the time spent by the Appellant as a student at level 7 with reference to paragraph 245ZA(ha) of the Rules. It was argued, as it had been before the judge, that the Secretary of State had included periods of time over and above those actually engaged by the Appellant in level 7 study.
The judge in his determination set out the evidence received, which it was apparent that he accepted, but he disagreed with the Appellant over the total time that the Appellant had spent in actually studying. The judge identified the issue at paragraph 15 of the decision
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