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A Tier 4 (General) Student application can be varied by virtue of the provisions in s. 3C(5) of the Immigration Act 1971. There is no restriction in s.3C(5) on the number of occasions on which application for variation of the original application can be made provided notice of variation is given prior to the respondent�s decision as thereafter there would then be no application pending.
As to the date the respondent is required to take into account for the purposes of determining the points to be awarded under Appendix C, where there has been a variation substituting a new college, it is the date of the most recent variation for the purposes of paragraph 1A(c).
The appellant had previously been granted leave to enter the United Kingdom on 3 February 2008 as a student until 31 May 2009. On 14 July 2009 she was granted further leave to remain as a Tier 4 (General) Student until 16 August 2010. Empire College London lost its Tier 4 (General) Student sponsor licence in September 2010. The reason for this and the precise date are not known.
On 15 December 2010 the appellant wrote to the Home Office explaining that her course at Empire College London was to end on 21 January 2011. She went on to explain:
� I have been accepted on a new course of MSc Management at Birmingham City University, due to start in January 2011. My student CAS information for the new course and institution has been enclosed with this letter.
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