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This is an appeal by the Secretary of State for the Home Department against the decision of First-tier Tribunal Judge Horvath who allowed the appellant�s appeal in a determination dated 5 December 2014 pursuant paragraph 322 (3) with reference to 245 ZX (a) of the Immigration Rules. However for the sake of convenience I shall refer to Mr Mumin, as the appellant and the Secretary of State as the respondent which are the designations that they had before the First-tier Tribunal.
The appellant, born on 21 August 1990, a national of Bangladesh made an application to remain in the United Kingdom as a Tier 4 (General) Student under the Points Based System which the respondent refused on 12 June 2014 stating that the appellant has not complied with the conditions attached to his leave to remain in this country as a student.
Permission to appeal was granted by first-tier Tribunal Judge VA Osborne who stated that it is arguable that the Judge made an arguable error of law by reaching findings which would not open to her on the totality of the evidence despite best efforts to do so in light of the complexity of the arguments.
The appellant�s course and educational establishments are subject to Section 50 of the Boarders, Citizenship and Immigration Act 2009 by virtue of section 3C of the Immigration Act 1971. It was the respondent�s case that the appellant has not complied with the conditions attached to his leave and therefore he failed to meet the requirements of paragraph 322 with reference to paragraph 245 ZY (c) which provides that an applicant must fall for refusal under the general grounds of refusal and must not be an illegal entrant.
The Tier 4 policy guidance at page 57 of version 11/2014 states the following. �You are allowed to do a supplementary course, for example, an evening class, as well as your main course of study. This supplementary course can be in any subject, and does not have to relate to your main course of study. You do not need permission from us to undertake a supplementary cause and you are not required to tell your Tier 4 sponsor. However, you must make sure that your supplementary course does not in any way hinder your progress on your main course of study�.
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