IA163412012

This is an appeal against a decision of the First-tier Tribunal dismissing the appeal by the appellant against the respondent�s decision of 5 July 2012 refusing his application for further leave to remain as a Tier 4 (General) Student Migrant.

The appellant has not attended the hearing. His statement and skeleton argument was received by the Tribunal on 19 July 2013 and he asked for the appeal to be decided on the papers. He was notified that the matter would remain listed for hearing so that the respondent could make submissions. He could attend if he wished but need not do so. I am satisfied that the proper course is to proceed with the hearing in his absence.

In his grounds of appeal the appellant sought to challenge this decision and argued that he had always pleaded and considered that his brother had been his legal guardian. It was also argued that the judge had not properly decided the issue of the two notices, the refusal of further leave to remain and the removal decision, being made on the same occasion and generally that the appellant should not be deprived of his rights under law.

It was conceded on behalf of the appellant at the hearing that his brother was not his legal guardian.

The respondent also decided to remove the appellant under the provisions of s.47 Immigration, Asylum and Nationality Act 2006. The judge made no finding that this decision was not in accordance with the law. This is an arguable error of law. Leave to appeal is granted on this ground only.�