IA001762015

This is an appeal against the determination of First-tier Tribunal Judge I Malcolm, promulgated on 19 th November 2015, following a hearing at Hatton Cross on 13 th November 2015. In the determination, the judge dismissed the appeal of Muhammad Haroon Younas, who subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a male, a citizen of Pakistan, who was born on 11 th June 1988 and is 28 years of age. He appealed against the decision of the Respondent dated 2 nd February 2015, refusing his application for leave to remain in the United Kingdom as a Tier 4 (General) Student.

The grounds of application state that the judge misdirected himself at paragraph 9 of the determination by placing reliance upon the Respondent's "erroneous decision" not to award the Appellant any points for a valid CAS because this was not the issue, given that the refusal was by reference to paragraph 245ZX(o) of the Immigration Rules.

On 17 th June 2016, permission to appeal was granted on the basis that the failure to make a finding in relation to the core issue of paragraph 245ZX(o) at paragraph 22 may be an error although, "any error may be found not to be material".

At the hearing before me on 15 th July 2016, the Appellant was unrepresented, and indicated that he did not have any legal representation, and was content to represent himself. He submitted that at the time of the hearing he did not send the bundle of documents as he did not have a CAS but he has now fulfilled all the requirements. He was asked to explain this further but was unable to do so.