IA031682014

For the Appellant : Mr M Murphy, counsel (instructed by Farani Javid Taylor Solicitors LLP)

The appellant is a national of Pakistan, born on 12 th July 1990. His appeal against the decision of the respondent refusing his application to remain as a Tier 4 (General) Student Migrant was dismissed by First-tier Tribunal Judge M A Khan in a determination promulgated on 11 th July 2014.

The respondent had contended that the appellant did not meet the requirements of paragraph 245ZX(a) and paragraph 322(1A) of the Immigration Rules. The assertion was that the appellant had presented false documentation in support of his applications.

Both parties were represented at the hearing before the First-tier tribunal on the 3 rd July 2014. On behalf of the respondent an attempt was made to rely on the refusal letter which contended that the bank statement submitted �had been proven to be false by the issuing authority.� However, it was accepted at the hearing that there was no further evidence from the respondent with regard to the allegations of deception [19].

On the evidence before him, the Judge found �on the higher standard of proof on the balance of probabilities� that the respondent had not established that the appellant had exercised deception in support of his application for leave to remain in the UK [23]. The appellant had provided a written statement in which he claimed that the bank statement he furnished was in fact genuine.