IA174162012

The appellant, a national of Pakistan, appealed to the First-tier Tribunal against the decision of the Secretary of State to refuse his application for leave to remain as a Tier 4 (General) Student Migrant and to remove him from the UK. First-tier Tribunal Judge Fox dismissed the appeal and the appellant now appeals with permission to this Tribunal.

There was no appearance by or on behalf of the appellant at the hearing before me. I was satisfied that the appellant had been notified of the hearing and that no reasons had been given for his absence. As I considered that there was sufficient information on the file to determine the appeal so I decided that it was in the interests of justice to proceed with the hearing in the absence of the appellant in accordance with Rule 38 of the Tribunal Procedure (Upper Tribunal) Immigration Rules 2008.

According to the Reasons for Refusal letter the appellant was not awarded the required 10 points for maintenance (funds) for two reasons. The first was that he had not shown that the third party sponsor (Muhammad Zameer) is his father as claimed by providing a birth certificate as set out in the guidance. Secondly he had not shown that he had �6400 for a consecutive period of 28 days before the application which was required to meet the Tier 4 (General) Student maintenance requirements. The appellant must show that he had �6400 for 28 days before he made the application on 1 March 2012.

Mr Nath submitted that the appellant had still not established that he met the requirements. In particular the bank statements submitted are in Pakistani Rupees and there is no evidence as to what the funds equate to in sterling. Further, he submitted that the appellant has still not provided evidence to establish that the sponsor is his father as claimed.

In his witness statement the appellant says that the bank statement shows Rs 9,237,535.00 which is equal to approximately �54000. However the bank statement provided, which is the same as that submitted to the respondent with the application, shows that the closing balance on 28 February 2012 was in fact Rs 4,180,191.00 which, according to the Oanda currency converter as of today�s date is equivalent to �27,350.60. The appellant is therefore unclear as to how much money his father has in his account.