IA030632013

This is an appeal by the Secretary of State for the Home Department. We shall refer to Mr Yang, who was the appellant before the First-tier Tribunal, as the claimant.

The claimant is a citizen of China born 1 February 1988. He arrived in the United Kingdom on 18 July 2012 with leave to enter as a Tier 4 (General) Student conferred until 7 October 2012. On 5 October 2012 he made an application to extend his leave, in order to study for a postgraduate qualification at the University of Liverpool.

By way of decisions dated 14 January 2013, the Secretary of State refused to vary the claimant�s leave and made a decision to remove him pursuant to Section 47 of the Immigration, Asylum and Nationality Act 2006.

In relation to the former decision the Secretary of State awarded the claimant zero points for his Confirmation of Acceptance for Studies under Appendix A to the Immigration Rules; as a consequence of his failure to provide the original of a Bachelor of Arts certificate identified on the Confirmation of Acceptance for Studies as being evidence relied upon by the University of Liverpool when admitting the claimant onto the course of studies.

The Secretary of State also awarded zero points in relation to the maintenance requirement of Appendix C to the Immigration Rules, concluding, when doing so, that the claimant had been required to demonstrate that he had �6,200 in his possession for a consecutive 28-day period including, and immediately preceding, the 4 October 2012. The claimant had in excess of �6200 in his bank account between 7 September 2012 and 3 October 2012, however, the balance of the account fell to just �2,050.28 on 4 October 2012.