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The statutory basis for the disputed condition is s.3(1)(c)(ia) of the 1971 Act, which talks about a condition � restricting � a person�s studies in the United Kingdom. That cannot just mean, as argued in the grounds of appeal, restricting the duration of a person�s studies. The plain and natural meaning of the word extends to the course of studies which the person is pursuing, and the institution at which he is pursuing them.
There has been an error of law on one aspect of the First-tier determination, and to that extent the decision on the appeal is re-made by the Upper Tribunal. The appeal is allowed to the limited extent that the decision to refuse to vary the appellant�s leave was not in accordance with the law, such that the application for further leave is outstanding before the Secretary of State, and awaits the exercise of her discretion under the Immigration Rules.
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