IA018892013

The appellant appeals with permission against the determination of First-tier Tribunal Judge Shamash promulgated on 31 May 2013 in which he dismissed the appeal against the decision of the respondent to refuse to vary the appellant�s leave to remain as a Tier 4 Student Migrant pursuant to paragraphs 245ZX(i) and 322(1A) of the Immigration Rules. The judge did, however, allow the appellant�s appeal against the decision of the respondent to make removal directions pursuant to section 47 of the Immigration, Asylum and Nationality Act 2006 . That decision is not challenged by the respondent.

The appellant�s case is that he is entitled to further leave to remain as a Tier 4 Student Migrant on the basis that he had a valid CAS and was in possession of the required funds for the relevant period.

The respondent refused the application on the basis that the bank statement from Prime Bank supplied by the appellant as evidence of the funds available to him was not genuine and therefore he was not entitled to the 10 points claimed under Appendix C of the Immigration Rules. She concluded also that as the bank statement had been checked with the issuing body who confirmed that the documents had not been issued, that the appellant had used false documents in support of his application and thus it fell to be refused under paragraph 322(1A) of the Immigration Rules.

The appeal was first listed for hearing before the First-tier Tribunal on 12 April 2013 but it was adjourned to a later date at the request of the appellant�s solicitors on the basis they were seeking additional time to verify the bank statement.

(i) when an allegation of dishonesty is made it is for the respondent to establish that there has been some dishonesty on the part of the appellant [15];