IA027632013

The appellant, who was born on 2 May 1989, is a citizen of India. He applied for further leave to remain in this country as a Tier 4 (General) Student Migrant under the points-based system and for a biometric immigration document, but his application was refused by the respondent on 7 January 2013. The refusal letter is dated the same date.

The appellant appealed against this decision and his appeal was heard before First-tier Tribunal Judge Walker, sitting at Hatton Cross on 13 May 2013. In a determination promulgated on 4 June 2013, Judge Walker dismissed the appellant�s appeal.

The appellant appealed against this decision, and was granted permission to appeal by First-tier Tribunal Judge Frankish. Following the grant of permission to appeal, this appeal was listed before me on 30 July 2013.

It was submitted in the grounds in support of the application for permission to appeal that the respondent�s case-worker had written �SECTION 50 does not apply� [to the appellant] in her notes. When granting permission to appeal, First-tier Tribunal Judge Frankish stated as follows:

The application for permission to appeal asserts that the appellant was ruled against for switching without permission on the basis that Section 50� applied when the respondent�s own file is endorsed in large letters that it does not.