IA019982013

This is the Appellant's appeal against the decision of Judge P J Clarke made following a hearing at Birmingham on 30 th May 21013.

The Appellant is a citizen of India born on 9 th October 1985. She came to the UK to study on 14 th January 2007 and completed her Masters in electronics from Staffordshire University in 2009. She was then issued a post-study work visa which expired in 2011.

The Appellant decided to pursue further studies at Kaplan Financial as a chartered finance analyst but this did not work out well and in October 2012 and she was admitted to the London School of Technology for a Level 7 Extended Diploma in Leadership and Management in Health and Social Care. The course finishes in October 2014.

She made an application on 28 th September 2012 for leave to remain in the UK as a Tier 4 (General) Student Migrant under the points-based system but was refused on 9 th January 2013 on maintenance grounds. She had to prove that she had the required maintenance fees of �1,600 plus course fees of �3,000 for the first year of her course. She was required to show that she was in possession of �1,600 for a consecutive 28 day period from 25 th August 2012 to 21 st September 2012. Between 25 th August and 17 th September her balance fell to �1,525.632. Accordingly her application was refused.

The judge stated that the Appellant had requested that her appeal be dealt with on the papers and she paid the appropriate fee of �80. However her representatives wrote to the Tribunal on 13 th March 2013 saying that the appeal had been listed for an oral hearing at Newport on 18 th March 2013 and requesting that it be transferred to Taylor House. On 18 th March the Tribunal issued a notice to the Appellant requiring a further fee of �60.