IA030922014

The appellant�s appeal against decisions to refuse to vary his leave and to remove him from the United Kingdom by way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006 was dismissed by First‑tier Tribunal Judge Woolley (�the judge�) in a determination promulgated on 13 th August 2014. The appellant entered the United Kingdom in September 2009 as a Tier 4 Student and further leave was granted as a Tier 1 (Post-Study) Migrant, valid until 15 th September 2013. Two days before expiry of his leave, the appellant applied for leave to remain outside of the rules.

The judge concluded that the requirements of the rules were not met and that the appellant�s case disclosed no exceptional or compassionate circumstances.

The appellant applied for permission to appeal, which was granted on 29 th September 2014. The judge granting permission noted dicta in MM [2014] EWCA Civ 985 and found that it was arguable that the judge ought to have given full consideration to the appellant�s Article 8 case, outside the rules. The same judge observed that it was not easy to envisage any Tribunal concluding that the respondent�s decisions were disproportionate, even if a full Article 8 assessment were made.

The appeal was listed for hearing at 2pm. By 2.30pm on 4 th November 2014, it had become apparent that the appellant was not present at Field House and neither were his solicitors. I made enquiries through my clerk, who telephoned the appellant�s solicitors on the number provided by them. Attempts to make contact were unsuccessful, an automated message being the only response to calls. No messages had been left for the Upper Tribunal and no adjournment sought. The case management file revealed that notice of the hearing had been properly sent to both the appellant and his solicitors.

The decision of the First‑tier Tribunal contains no material error of law and shall stand.