IA266642014 & ors

This is an appeal by the Secretary of State against a determination of First-tier Tribunal Judge Cheales, promulgated on 2 October 2014 following a hearing in Birmingham on 23 September 2014, in which she allowed the appellant's appeal against the refusal of the Secretary of State to vary his leave to permit him to remain in the United Kingdom as a Tier 4 (General) Student and other family members in line and against a direction to remove the appellant from the United Kingdom made under Section 47 of the Immigration and Asylum Act 2006.

Judge Cheales having considered the documents allowed the appeal, stating in paragraph 9 of her determination

�The issues in this refusal are narrow. From the refusal notice it does not seem to be disputed that the required money is in the account of Surinh Ratansinh Parmar. The refusal is because the appellant has submitted a bank statement in the name of that individual but has not said what relationship this has to him. I have now received, albeit in photocopies, evidence that Mr Parmar is the appellant's father.�

The Secretary of State challenged that conclusion by reference to Section 85A of the 2002 Act which prohibits judges taking into account evidence not before the decision maker where it relates to acquisition of points in a points-based appeal and particularly prohibits consideration by a judge of evidence adduced after the decision has been made in these circumstances.

I am grateful to both Miss Isherwood and Mr Parmar today. He has referred the Tribunal to a document he describes as a declaration signed by his father confirming that the appellant before us is his son. Miss Isherwood has referred me to page 13 of the application form where the appellant, in relation to a question concerning evidence of funds held by the appellant's parents or legal guardian and the need for evidence that those funds are available to him for which a document must be submitted such as a letter from the parents or legal guardian, has answered �yes�.