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The appellant is a citizen of Bangladesh born on 21 August 1990. He appeals the decision of First-tier Tribunal Judge Horvath dismissing his appeal against the decision of the respondent made on 12 June 2014 refusing him leave to remain in the UK as a Tier 4 (General) Student under the points-based system ("PBS"). The respondent refused the application because the appellant failed to meet the requirements of paragraph 245ZX(a) as he had been refused under one of the general grounds for refusal set out in paragraph 322(3) of the Immigration Rules.
On 28 January 2015 First-tier Tribunal Judge Osborne granted the appellant permission to appeal Judge Horvath's decision.
We find that the errors committed by the judge are material and consequently her decision cannot stand. We remake the decision.
The issue before us is whether the appellant's focus had changed from his main course of study at Churchill College to the supplementary course at West Valley such that it hindered his progress in his main course of study.
We find that it is not the case. The appellant had studied the two courses simultaneously. He was not in breach of Section 50 of the 2009 Act.
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