IA002102017

This is an appeal against the decision of First-tier Tribunal Judge Gribble promulgated on 10 July 2018 in which the Appellant's appeal against a decision of the Respondent dated 6 June 2017 refusing leave to remain in the UK and making a decision to remove the Appellant pursuant to section 47 of the Immigration, Asylum and Nationality Act 2006, was dismissed.

The Appellant entered the UK on 4 November 2011 pursuant to entry clearance as a Tier 4 student. She was granted further leave to remain on 23 April 2013. On 9 June 2014 she applied for further leave to remain including her husband and son as her dependants. This application was refused on 23 March 2015.

The Appellant appealed to the IAC. The appeal was allowed on the basis that the Respondent's decision had not been in accordance with the law: see decision of First-tier Tribunal Judge Fox promulgated on 6 November 2015 (ref. IA/12581/2015). The Respondent was thereafter required to consider exercising discretion to allow the Appellant 60 days to find a fresh educational institution to act as her sponsor and to sit a further English language test.

The Appellant was duly given a period of 60 days to expire on 21 October 2016. Thereafter she was given a further period of 60 days to make arrangements to undertake an English language test - this further period of 60 days to run from 11 January 2017 to 13 March 2017. However, during these periods the Appellant was unable either to pass an English language test or to obtain a CAS - the latter necessarily so in consequence of her failure to obtain the appropriate English language qualification.

"After going through a huge hardship finally she was accepted to take English Test at one of the recommended test centre at Croydon, however, she was unable to pass it in the first attempt.