IA224182015

The Appellant, a national of Bangladesh, date of birth 5 May 1982, appealed against the Respondent's decision, dated 1 June 2015, to refuse further leave to remain in the UK as a Tier 2 (General) Migrant under the Immigration Rules.

The Appellant entered the UK as a Tier 4 (General) Student being granted leave to enter on 30 December 2009. Such leave was variously extended. On 23 July 2013 he was granted leave to remain until 21 May 2014 as a Tier 4 (General) Student. The grant of leave was subject to a condition restricting study to/at Access College London.

He applied on 21 May 2014 to vary this leave with a CAS to study CIMA level 7 at the London College of Advanced Management (LCAM). Whilst waiting for a decision on his application he undertook a part-time course at the London School of Marketing (LSM) for which there was no CAS letter. He did not apply to vary from LCAM to LSM. At LSM (between 26 May 2014 and 5 December 2014) he obtained a degree of Master of Arts in marketing and innovation issued by Anglia Ruskin University on 5 December 2014.

He applied to vary ("switch") the Tier 4 application (of 21 May 2014) to Tier 2 (General) Migrant on 4 March 2015. The 21 May 2014 (13 June 2014 submission of documents) application was refused on 1 June 2015.

The appeal before First-tier Tribunal Judge Shepherd was dismissed it on 17 January 2017. Permission to appeal was refused by First-tier Tribunal Judge Pickup on 27 June 2017 and Upper Tribunal Judge Gill on 13 September 2017 but granted by the Vice President of the Upper Tribunal C M G Ockelton on 19 December 2017. On 16 February 2018 Mr Melvin, Senior Presenting Officer for the Secretary of State, the Appellant in person, sought to raise new grounds relating to "switching" from the Tier 4 to Tier 2.