IA000162018

This is an appeal by the Appellant against the decision of First-tier Tribunal Judge Bartlett promulgated on the 2 nd October2018 the judge dismissed the appellant's appeal against the decision of the respondent to refuse the appellant further leave to remain in the UK as a Tier 4 Student and thereafter leave based on Article 8 of the ECHR rights to family and private life.

I have considered whether or not it is appropriate to make an anonymity direction. Having considered all the circumstances I do not consider it necessary to do so.

Leave to appeal to the Upper Tribunal was granted by First-tier Tribunal Judge Lambert on 22 nd October 2018. Thus the case appeared before me to determine whether or not there was a material error of law in the decision.

The grounds take issue with the appeal having been listed for oral hearing after the appellant had requested it to be considered on the papers. The file records that this has been confirmed by the Tribunal on the 17 th September. The real issue is whether the judge was in the circumstances entitled, the appeal having been listed, to proceed to hear submissions on behalf of the Respondent (paragraph 2). There is arguable merit in the contention that doing so gave rise to unfairness to the Appellant whether real or perceived and amounted to a procedural error amounting to an error of law.

The appellant entered the UK on 15 th January 2010 with leave valid as a student until 24 th October 2011. On 5 th October 2012 the appellant was granted further leave as a student until 13 th October 2014.