IA190062014 & IA190072014

The Appellants appeal against a decision of Judge S J Pacey of the First-tier Tribunal (the FtT) promulgated on 14 th November 2014.

The Appellants are Nigerian citizens born 12 th December 1978 and 12 th January 1986 respectively. On 15 th March 2014 the first Appellant applied for leave to remain in the UK as a Tier 4 Student, and the second Appellant applied as his dependant.

The second Appellant's application was refused with reference to paragraph 319C(b) because the first Appellant's application had been refused.

The Appellants appealed to the FtT requesting an oral hearing which was scheduled to take place on 30 th October 2014. However on 29 th October 2014 the Appellants' solicitors faxed the Tribunal to indicate that the Appellants no longer required an oral hearing and would not be attending, and written submissions dated 9 th September 2014 were lodged with the Tribunal.

The FtT considered those written submissions, together with submissions made on behalf of the Respondent and found that the first Appellant had not demonstrated that he held the required funds of £1,600 for a 28 day period from 16 th February 2014 to 15 th March 2014. He was therefore not entitled to be awarded 10 points for maintenance pursuant to paragraph 245ZX(d) and his appeal was dismissed under the Immigration Rules. Because the first Appellant's appeal was dismissed under the rules, so was the second Appellant's appeal.