IA041562014 & IA041702014

The Appellants are wife and dependent husband born respectively in 1980 and 1973. They are both citizens of India. On 20 February 2011 the wife arrived with leave to enter as a Tier 4 (General) Student Migrant expiring on 14 September 2012. Her husband had leave in line with hers. At the last possible moment, but in time, the Appellants applied for further leave. The wife as a student for post-graduate studies and the husband as her dependant.

On 13 December 2013 the Respondent refused their applications. The wife�s was refused under paragraph 245ZX(d) with reference to paragraph 1A(c) of Appendix C of the Immigration Rules (the IRs) because she had not shown she had sufficient funds for the requisite 28 day period to qualify for further leave. Her husband was refused in line with her. The Respondent also made decisions to remove both the Appellants by way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006.

On 17 January 2014 each of the Appellants lodged notice of appeal under Section 82 of the Nationality, Immigration and Asylum Act 2002 as amended (the 2002 Act). The grounds are that the wife had sent with the applications of each of herself and her husband bank statements for each of them which in aggregate showed that she held sufficient funds as required by Appendix C.

By a determination promulgated on 10 September 2014 Judge of the First-tier Tribunal M Symes dismissed the appeals. He noted the admissibility of evidence in points-based system appeals was governed by Section 85A of the 2002 Act which limited the admissible evidence generally to that which was submitted in support of and at the time of making of the application leading to the decision under appeal. The exceptions provided for in Section 85A were not relevant to the appeal.

The appeals were determined on the basis of submissions without oral evidence as had been agreed between the parties: see paragraph 8 of the determination.