IA129482013

This is an appeal to the Upper Tribunal, with permission, by the Appellant with regard to a determination of the First-tier Tribunal (Judge Mailer) promulgated on 23rd December 2013 by which he dismissed the Appellant�s appeal against the Secretary of State�s decision to refuse her leave to remain as an academic visitor in a decision taken on 3rd April 2013.

My first task is to decide whether the First-tier Tribunal made an error of law and if so whether and to what extent the determination should be set aside.

The Appellant came to the UK on 12th August 2008 with leave to enter as a student. That leave was variously renewed until March 2012. She made an application in time on 3rd March 2012 for leave to remain as an academic visitor.

The background is that the Appellant had been studying at Riyat College and in November of 2011 paid them to register her with IAM to resit exams in December 2011. The college failed to do so but then promised to register her for the March 2012 exams. After that the college stopped responding to her queries. Unknown to the Appellant, the college's license was suspended in October 2011. It closed its doors in December 2011 and its license finally revoked with immediate effect on 24th February 2012.

Ms Everett clarified that nothing is triggered by the licence being suspended but once it is revoked it has the effect of the policy stemming from the Patel (revocation of sponsor license � fairness ) [2011] UKUT 211 (IAC) judgment coming into effect. If a student studying at a college has more than six months left on their leave, that leave is curtailed to 60 days for them to find an alternative college. If a student has an outstanding application to study at a college, that application is stayed for a period of 60 days to enable them to obtain another CAS.