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This is the Secretary of State�s appeal against the decision of Judge Simpson made following a hearing at Manchester on 20 th June 2014.
The claimants are citizens of Pakistan. The principal claimant arrived in the UK as a Tier 4 (General) Student on 24 th September 2009 with leave until 31 st January 2011. He was subsequently granted further leave to remain as a Tier 1 (Post-Study) Work Migrant until 4 th January 2013.
On 13 th November 2013 he and his wife made a combined application for leave to remain in the UK as a Tier 1 (Entrepreneur) Migrant and dependant under the points-based system and for biometric residence permits. They were refused on 28 th March 2014.
In order to qualify for leave to remain as a Tier 1 Migrant the applicant must score 75 points for attributes. He has to show, inter alia , that he has access to not less than �50,000.
Under paragraph 41 an applicant will only be considered to have access to funds if they are available to him which means, inter alia , that they are in his own possession.
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