Tribunal decisions

The decision

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/22399/2015

THE IMMIGRATION ACTS

Heard at Field House
Decisions and Reasons Promulgated
On 29 November 2016
On 01 December 2016

Before

DEPUTY UPPER TRIBUNAL JUDGE SAFFER

Between

USMAN YOUSAF
(ANONYMITY DIRECTION NOT MADE)
Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr Gondal a Legal Representative
For the Respondent: Mr Staunton a Home Office Presenting Officer

DECISION AND REASONS
Background
1. The Respondent refused the Appellant's application for leave to remain as a student. He was required to leave the United Kingdom. His appeal was dismissed by First-tier Tribunal Judge Courtney ("the Judge") following a hearing on 10 February 2016.
The grant of permission
2. Upper Tribunal Judge Perkins granted permission to appeal (3 November 2016). He said it is arguable that the Judge erred in that the Appellant qualified for 60 days leave to remain to find another college after his had closed down. He invited the Respondent to consider her position on this.
Respondent's position
3. Mr Staunton conceded that the appeal should have been allowed to the limited extent that it should have been remitted to her for the grant of 60 days leave to remain to find another college and have a Certificate of Acceptance for Studies (CAS) issued.
Appellant's position
4. Mr Gondal agreed with Mr Staunton.
Discussion
5. I agree with Mr Staunton and Mr Gondal. There was a material error of law by the Judge in not allowing the appeal to the limited extent identified.
Decision:
The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law.
I set aside the decision.
I remake the decision. I allow the appeal to the limited extent that it should have been remitted to her for the grant of 60 days leave to remain.

Signed:
Deputy Upper Tribunal Judge Saffer
29 November 2016