IA017912014

The appellant, a citizen of Bangladesh, had been in the UK, with leave, as a student. In 2013 the appellant made a human rights application, apparently as a variation of an outstanding application for further leave as a student. The human rights application was refused by notice dated 17 June 2013.

An appeal against this decision was considered at a hearing at Hatton Cross, on 19 June 2014, before First-tier Tribunal Judge Robinson. The appellant was represented, but did not attend the hearing for health reasons. In a determination promulgated on 3 July 2014 the judge found that there was no valid appeal before the Tribunal.

Permission to appeal was initially not admitted, by First-tier Tribunal Judge P J M Hollingworth, on 28 August 2014. On 5 December 2014, however, permission to appeal was granted by Upper Tribunal Judge Peter Lane. In relation to the jurisdiction issue the Upper Tribunal Judge commented as follows:

�The appellant has adduced evidence that he posted (and therefore made) the application for further leave on 1 June 2012, which was within the currency of his previous leave. If that application was properly varied, then it is arguable the decision to refuse to grant leave to remain fell in law to be treated not as an unappealable decision to refuse to grant leave to remain, but as an appealable decision to refuse to vary leave to remain: see Basnet [2012] UKUT 113 (IAC) and Ved [2014] UKUT 150 .�

�The appellant must, however, be prepared at the hearing to explain why, even if he had a right of appeal, his human rights are such as to compel the respondent to grant him leave.�