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The Secretary of State has been granted permission to appeal the decision of First-tier Tribunal Judge Rothwell allowing the appeal of the appellant against a decision made by the respondent on 21 December 2014 to cancel his leave to remain as a Tier 4 (General) Student Migrant.
The judge had before her the respondent's interview with the appellant and the generic witness statements of Rebecca Collings and Peter Millington. There was an additional statement from Michael Sartorius.
The judge advised both parties that she was aware of the case of R (On the application of Gazi) v Secretary of State for the Home Department (ETS - judicial review) IJR [2015] UKUT 327 (IAC) which is a judicial review decision based on the issue of a right of appeal in an ETS case.
The appellant gave evidence before the judge. When it was put to him that the Home Office says he used deception to get the ETS, he said he took the exams on 30 April 2013 and 1 May 2013 and passed it. He completed his MBA in marketing on 21 February 2015 and got merit and wants to do a PhD, but because of this decision he cannot do it.
In cross-examination it was put to him that the marks he scored for the MBA were low or below average. The appellant replied that he got good in the dissertation. He confirmed the dissertation was written. In Bangladesh he got good grades in his Bachelor degree in Physics. He said his pronunciation was poor because he spoke too fast.
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