IA178152013

The Appellant appealed with permission granted by Designated First-tier Tribunal Judge Zucker on 18 June 2014 against the determination of First-tier Tribunal Judge Brennalls who had dismissed the Appellant �s appeal in a determination promulgated on 6 May 2014.

Permission to appeal to the Upper Tribunal was granted by Designated First-tier Tribunal Zucker because he considered that it was arguable that the judge had (a) misunderstood the basis of the appeal and (b) had not applied Edgehill [2014] EWCA Civ 402 , the relevant application having been made prior to 9 July 2014. The Respondent indicated by a rule 24 notice that the appeal was opposed.

Mr Balroop for the Appellant relied on the grounds of onwards appeal on which permission to appeal had been granted. The application had been made on 14 April 2012. The Appellant was not seeking settlement but merely wished to continue his studies in the United Kingdom. He sought discretionary leave for that purpose. There were exceptional circumstances. Counsel confirmed that the Appellant had not made any form of protection claim to the Secretary of State.

The tribunal indicated that it found that the judge had not fallen into material error of law. The experienced judge had heard and seen the Appellant, and reached conclusions which were open to him. The tribunal reserved its determination which now follows.

There was no material error of law in the determination and there is no basis for interfering with the judge�s decision.