Upper Tribunal (Immigration and asylum chamber), 2016-06-06, IA/13461/2015
| Jurisdiction | UK Non-devolved |
| Date | 06 June 2016 |
| Published date | 08 June 2017 |
| Hearing Date | 01 June 2016 |
| Status | Unreported |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
| Appeal Number | IA/13461/2015 |
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/13461/2015
THE IMMIGRATION ACTS
Heard at Field House
Decision & Reasons Promulgated
On 1st June 2016
On 6th June 2016
Before
UPPER TRIBUNAL JUDGE SOUTHERN
Between
MD ZAKIR HOSSAIN
Appellant
And
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent
Representation:
For the Appellant: Appeared in person, not represented.
For the Respondent: Mr S. Kotas, Senior Home Office Presenting Officer
DECISION
1. The appellant, who is a citizen of Bangladesh, has been granted permission to appeal against the decision of First-tier Tribunal Judge Quinn who, following a hearing on 5 October 2015, dismissed his appeal against a decision of the respondent, made on 16 March 2015 to refuse to vary his leave by way of a further grant of leave as a student. That application was refused under paragraph 245ZX(h) of HC 395 because, if the leave sought had been granted, the appellant would have spent more than 3 years studying on courses below degree level. The judge dismissed the appeal on human rights grounds also, finding that the claim advanced under article 8 of the ECHR was not made out.
2. The essential facts are not in dispute. The history of leave granted and studies undertaken by the appellant is as follows:
a. London Trinity College - CAT, NQF Level 4 from 29/9/2010 to 28/2/2012 ;
b. Seven Oaks College - Diploma in Business Studies from 16/7/2012 to 15/11/2013;
c. London Regal College - NQF Level 5 Business and Administrative Management from 15/7/2013 to 31/5/2014.
The application with which we are now concerned was for leave to remain in order to undertake a course at Level 5 (Diploma in Business management) which, again, is a course below degree level. As a matter of arithmetic, completion of that course would have had the result that the appellant would have been studying at below degree level for more than three years.
3. Paragraph 245ZX provides, so far as is relevant to this appeal:
245ZX. Requirements for leave to remain
To qualify for leave to remain as a Tier 4 (General) Student under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the applicant will be refused.
Requirements:
?
(h) If the course is below degree level the grant of leave to remain the applicant is seeking must not lead to the applicant having spent more than 3 years in the UK as a Tier 4 Migrant...
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