IA171122014

This is an appeal against the determination of First-tier Tribunal Judge V A Cox, promulgated on 21 st August 2014, following a hearing at Stoke-on-Trent, Bennett House, on 12 th August 2014. In the determination, the judge allowed the appeal of Amjad Aliya. The Respondent Secretary of State, subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a female citizen of Pakistan born on 28 th July 1989. She made an application for leave to remain in the United Kingdom as a Tier 4 (General) Student under the points-based system (PBS). The Respondent refused the application on 3 rd April 2014. It is the Appellant's case that she made her application in time by completing and submitting an online application before the expiration of her leave and then sending supporting documents within the fifteen days which, as she maintains, was required by the Rules.

(ii) supporting documents were submitted by the Appellant within fifteen days (see paragraph 5).

The judge also observed that, "helpfully, Miss Aboni, conceded that the Respondent accepted that the Appellant was able to meet the lower level and did not pursue the refusal in respect of maintenance funds" (see paragraph 12).

The other issue before the judge was in relation to the Appellant having submitted the proper English language test certificate. Here, as the judge explained, "the remaining issue before me was the Appellant's acknowledged error in failing to grant access to the Pearson test results relating to her English language test certificate" (paragraph 14). Here, as the judge went on to explain,