IA185132013

The appellant is a national of Nigeria who was born on 28 July 1988. On 11 February 2013 he applied for leave to remain in the United Kingdom as a Tier 4 (General) Student Migrant under the points-based system. In a decision dated 7 May 2013 the application was refused under the Immigration Rules and a decision was made also for him to be removed from the UK by way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006. I will say something shortly about the decision to remove.

The appellant appealed the decision and at an oral hearing, in which the appellant was not represented, the First‑tier Tribunal Judge dismissed the appeal. On a renewed application to the Upper Tribunal the appellant was granted permission to appeal that decision and thus the matter came before me for an oral hearing at which the appellant was represented.

The judge concluded that the documentation provided by the appellant did not comply with the requirements set out in the Rules relating to Tier 4 Students and dismissed the appeal. He did not mention the Section 47 removal direction and it is unlikely that he was referred to it.

The outcome therefore is that the appellant has not shown that the First‑tier Tribunal Judge erred. The judge was entitled to come to the conclusions that he did for the reasons given because the appellant failed to comply with the relevant Rule.

I did not have my attention drawn to this point at the hearing and nothing seems to have been noticed previously about it. However, the removal decision was made on 7 May 2013 and in the same document as the refusal decision. It follows from what is said above therefore that it was not made in accordance with the law and must be set aside as not being in accordance with the law. It will be a matter for the Secretary of State to decide whether to issue removal directions in the future.