IA102492013

In this appeal the Secretary of State now becomes the appellant. However, for the sake of clarity and to avoid confusion, we shall continue to refer to the parties as they were before the First-tier Tribunal.

In a renewed application to the Upper Tribunal, Upper Tribunal Judge Taylor gave permission to the respondent to appeal against the determination of First-Tier Tribunal Judge Frankish who allowed the appeal against the decision of the respondent to refuse leave to remain in the United Kingdom as a Tier 4 (General) Student Migrant under the points-based system.

It should be noted that the grounds also contended that the judge failed to have regard to the provisions of Section 85A(4) of the Nationality, Immigration and Asylum Act 2002 because he was only permitted by that Section to take account of evidence submitted in support of, and at the time of making, the application. It was further contended that the additional evidence from the appellant was not submitted when the application was made as it was not submitted with the application when posted.

Mr McVeety confirmed that the respondent relied upon the grounds which we have summarised, above. He emphasised that, although the judge found that the appellant had submitted the bank documents in question on the same day he submitted his application, that did not mean that the determination was without error because the appellant had failed to comply with the specific provisions of the Rules.

Having considered the matter, we announced that we were satisfied that the determination showed an error on a point of law such that it should be re-made and now give our reasons for doing so.