IA/22383/2012

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The decision


Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/22383/2012


Heard at Field House
Determination Promulgated
on 19th June 2013
on 21st June 2013


THE IMMIGRATION ACTS


Before

LORD BURNS
UPPER TRIBUNAL JUDGE HANSON


Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

MUTAF RIFAT
(ANONYMITY DIRECTION NOT MADE)
Respondent

Representation:

For the Appellant: Mr Tufan Senior Home Office Presenting Officer.
For the Respondent: No appearance.

DETERMINATION AND REASONS

1. This is an appeal against a determination of First-tier Judge Conrath who, on the 11th April 2013, allowed Mr Rifat’s appeal against the refusal to grant him further leave to remain as a Tier 1 (Post-Study Work) Migrant dated 27th September 2012.

2. The key issue in the appeal was whether Mr Rifat’s ACCA qualification met the requirements of the Rules, so as to enable him to claim the requisite points under Appendix A (Attributes). Judge Conrath found it was.

3. The Secretary of State appealed alleging a misdirection in law as the ACCA qualification did not satisfy the specific requirements set out in Appendix A, para 68, Table 10(a) of the Rules.

Discussion

4. Neither Mr Rifat nor his representative attended although the Tribunal did receive a letter dated 17th June 2013 asking for the appeal to be determined on the papers and recognising the reality of Mr Rifat’s position in light of the developing case law in relation to this issue.

5. In Mirza (ACCA Fundamental level qualification-not a recognised degree) [2013] UKUT 00041 the Tribunal found that as the ACCA does not have degree awarding powers the qualifications which it awards are not UK recognised degrees. In the case of Syed and Kamran v Secretary of State for the Home Department [2013] EWHC 985 (Admin) the High Court confirmed this decision.

6. We find Judge Conrath materially erred in law by finding that the ACCA qualification met the requirements of the Rules when clearly it did not on the law in force at the date of the hearing as stated in the later decision of Mirza. It is accepted that in light of the case law Mr Rifat cannot succeed with his appeal. We therefore substitute our decision dismissing the appeal.
Decision

7. The Immigration Judge materially erred in law. We set aside the decision of the original Immigration Judge. We remake the decision as follows. This appeal is dismissed.


Signed……………………………………………….
Upper Tribunal Judge Hanson

Dated the 19th June 2013