IA202542014

This is an appeal to the Upper Tribunal by the Secretary of State, with permission, against a determination of the First-tier Tribunal (Judge Cruthers) who in a determination promulgated on 26 th August 2014 allowed the Appellant�s appeal against the Secretary of State's decision to refuse him leave to remain in the UK as a student.

For the sake of continuity and clarity I will, in this determination, continue to refer to Mr Aurangzeb as the Appellant and to the Secretary of State as the Respondent.

Within the time allowed the Appellant managed to obtain a place at Bradford Regional College to study a Level 5 Diploma in Management and Leadership. He paid the full fee of �3,500 to the college in order to start immediately. The Appellant then made an application for further leave to remain to study that course which was to run until December 2014.

Initially the Secretary of State refused the application on the basis that the CAS relied upon had been withdrawn. The Appellant's appeal against the refusal was allowed on the basis that the Secretary of State had checked the wrong CAS (Quinton College instead of BRC). Judge Ransley allowed the Appellant�s appeal against that decision to the limited extent that she remitted it to the Secretary of State for her to reconsider. The Respondent then issued another refusal on the basis that the Appellant had insufficient funds.

The appeal before the First-tier Tribunal was argued on the basis that the Secretary of State should have treated the applicant as having an established presence in this country, which required him to show a lower level of funds than otherwise.