The Claim
3. The basis of that claim is as follows. The applicant entered the UK on 5 February 2013 with entry clearance (taking effect as leave to enter) valid until 13 June 2014 as a Tier 4 (General) Student to study at Cranford College. 4. The applicant claims that when he made his application for further leave on 4 June 2014 that was before the expiry of his leave to enter and that, therefore, he had an in-country right of appeal under s.82(1) and 82(2)(d) of the Nationality, Immigration and Asylum Act 2002 (the “NIA Act 2002”). 5. The applicant contends that the respondent’s decision to curtail his leave with effect to 20 January 2014 set out in a letter dated 21 November 2013, based upon the applicant having completed his studies, was ineffective. 6. The applicant contends that the respondent’s letter of 21 November 2013 was not sent in accordance with the provision of the Immigration (Leave to Enter and Remain) Order 2000 (SI 2000/1161 as amended by SI/1749) (the “2000 Order”) and was not, therefore, properly “given” in accordance with s.4(1) of the Immigration Act 1971. 7. Whilst it is accepted that the letter was sent by recorded delivery to an address provided by the applicant’s sponsor to the Secretary of State on request, the applicant contends that was not a proper method of service falling within Art 8ZA of the 2000 Order, in particular Art 8ZA of the 2000 Order. 8. The applicant also contends, though somewhat more weakly, that – even if the curtailment decision was sent in accordance with Art 8ZA – the applicant had rebutted the presumption that notice was “given” under Art 8ZB of the 2000 Order. 9. It is not contended by the applicant that the curtailment decision was other than a lawful decision under para 323A(a)(ii)(2) of the Immigration Rules on the basis that Cranford College had informed the Secretary of State on 4 September 2013 that the applicant had ceased studying with them. 10. The only issue is whether that curtailment notice was properly served (“given”) so as to lawfully curtail the applicant’s leave, by its terms, to 20 January 2014. 11. If the curtailment was lawful and so effective, then the applicant did not have leave thereafter and he has no right of appeal against the refusal of his leave on 30 July 2014. By contrast, if his leave continued until 13 June 2014, because it had not lawfully been curtailed, then his application for further leave made on 6 June 2014 was in time and the refusal to vary (by extension) his leave would give rise to a right of appeal under s.82(1) against an immigration decision falling within s.82(2)(d) of the NIA Act 2002.