IA223142014

The appellant, born December 4, 1989, is a citizen of Sri Lanka. The appellant entered the United Kingdom on June 11, 2011 as a Tier 4 (General) student. His leave was valid until March 30, 2014. On March 28, 2014 he applied for further leave to remain as a Tier 4 (General) student but the respondent refused his application on May 2, 2014 and at the same time took a decision to remove him by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006.

The appellant appealed to the First-tier Tribunal under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 on May 20, 2014 and on October 7, 2014 Judge of the First Tier Tribunal Blandy (hereinafter referred to as the �FtTJ�) heard his appeal and in determination promulgated on October 9, 2014 he refused his appeal on the basis he had failed to satisfy the requirements of the Immigration Rules and no human rights claim had been advanced.

The appellant lodged grounds of appeal on October 15, 2014 and on November 20, 2014 Judge of the First-tier Tribunal Grant-Hutchinson gave permission to appeal finding there were arguable grounds that the FtTJ had erred by possibly not dealing with all of the appellant�s claims.

The matter came before me on the above date and on that date the appellant was not in attendance but was represented. Solicitors had written to the Tribunal informing the Tribunal they were instructed and counsel confirmed that the solicitors had spoken to the appellant. I agreed that Miss Capel could represent the appellant�s interests.

Miss Capel requested an adjournment on the basis her client was unfit to attend the hearing due to having recently been discharged from hospital. Mr Wilding submitted that the appellant had submitted his own grounds of appeal and the Tribunal was capable of determining an error in law without him being in attendance.