IA182562013

The Appellant is a citizen of Pakistan whose appeal was dismissed by First-tier Tribunal Judge Hembrough in a determination promulgated on 27 th January 2014. The judge also said that the decision to refuse the application with reference to paragraph 245ZX(d) and paragraph 1A(h) of Appendix C to the Rules was not in accordance with the law.

A Rule 24 notice was lodged indicating that the judge was correct to dismiss the appeal, although he should have done so for different reasons, namely that the Appellant did not provide any new financial evidence showing maintenance for a 28 day period preceding the date of the variation of his application � reference was made to Qureshi (Tier 4 � effect of variation � App C) Pakistan [2011] UKUT 412 (IAC) . Thus the matter came before me on the above date.

The application was first submitted on 12 th June 2012, along with a Confirmation of Acceptance for Studies (�CAS�) for a postgraduate diploma in hospitality and tourism management at Shepherd Business School Limited. Since the application was submitted the Home Office revoked the Tier 4 licence of Shepherd Business School and the Appellant was given a sixty day window within which consideration of his application would be suspended.

On 9 th March 2013 the Appellant was assigned a CAS by Mancunia College to pursue a level 7 diploma in healthcare management.

On 18 th March 2013 the Home Office refused the application. The Appellant was awarded 30 points for possession of a valid CAS but denied 10 points for maintenance as he was required to submit a bank statement dated within 31 days of 9 th March 2013, the date his second CAS was assigned and he had not done so.