IA472652013 & ors [2014] UKAITUR IA472652013 (4 August 2014)

IA472652013 & ors [2014] UKAITUR IA472652013 (4 August 2014)

The period to be counted is the time actually spent in the UK studying at degree level or above. The cumulative periods of study by Mr Gurmani, including the proposed further leave, would exceed the five-year maximum permitted by the Immigration Rules. Therefore, the First-tier Tribunal erred in its calculation, and the appellants had no right of appeal under Section 82(1) of the 2002 Act.

Citation
[2014] UKAITUR IA472652013
Parties
Appellant/respondent: mr Ashfaq Rasool Khan Gurmani; Appellant/respondent: master Taha Hadi Khan Gurmani; Appellant/respondent: mrs Kiran Fatima; Respondent/appellant: THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Jurisdiction
United Kingdom
Judgment Date
04 August 2014
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
Secretary of State's appeal allowed; appellants' appeal dismissed
Legal Topics
Tier 4 (general) Student Visa, Leave to Remain, Appeal Rights, Immigration Rules Paragraph 245 ZX, Section 88 Nationality, Immigration and Asylum Act 2002
Immigration Law Tier 4 (general) Student Visa Leave to Remain Appeal Rights Immigration Rules Paragraph 245 ZX Section 88 Nationality, Immigration and Asylum Act 2002

Case Brief

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Parties

mr Ashfaq Rasool Khan Gurmani

Appellant/respondent

master Taha Hadi Khan Gurmani

Appellant/respondent

mrs Kiran Fatima

Appellant/respondent

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent/appellant

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the appellants exceeded the maximum period permitted for study at degree level under the Immigration Rules
  2. 2 Whether the First-tier Tribunal erred in calculating the relevant period
  3. 3 Whether there was a right of appeal under Section 82(1) of the 2002 Act

Ratio Decidendi

The period to be counted is the time actually spent in the UK studying at degree level or above. The cumulative periods of study by Mr Gurmani, including the proposed further leave, would exceed the five-year maximum permitted by the Immigration Rules. Therefore, the First-tier Tribunal erred in its calculation, and the appellants had no right of appeal under Section 82(1) of the 2002 Act.

Court Disposition

Secretary of State's appeal allowed; appellants' appeal dismissed

Orders

  • Decision of the First-tier Tribunal set aside
  • Appellants' appeal against refusal of further leave to remain dismissed