IA189652013

This is an appeal by the appellant, a citizen of Bangladesh born on 07 January 1992, against the decision of the First-tier Tribunal (Judge Brenells) issued on 06 May 2014 dismissing his appeal against the respondent�s decision made on 14 May 2013 refusing to grant further leave to remain as a Tier 4 (General) Student.

The application was refused on the basis that the appellant could not meet the English Language test and that in the application had submitted a letter and bank statement from Prime Bank Limited which were false. The decision letter dated 14 May 2013 records as follows:

On sending your letter and statement for verification with our overseas verification team , it was confirmed by the bank that the transactions recorded on your submitted statement did not match with the records held by the bank, and consequently the statement for your submitted account were confirmed as non genuine. �

The appellant appealed against that decision and in his grounds argued that the statement that he had submitted was genuine and had been issued by the bank. It was further argued that the respondent had failed to make any or any adequate enquiries before reaching a decision about the genuineness of the documents and had failed to follow the guidance in RP (proof of forgery) Nigeria [2006] UKAIT00086.

In his submissions Mr Hassan argued that the evidence relating to the falsity of the document was hearsay and should not be regarded as admissible. The judge had further erred by not taking into account the advice set out in the respondent�s policy guidance and argued that the respondent had failed to discharge the required standard of proof in the light of the fact that the evidence produced was not independent and there was positive evidence produced from the bank that the appellant�s account was genuine.