IA019142013

The appellant was born on 3 rd October 1992 and is a national of India. Her immigration history shows that on the 18 th November 2011 she was granted leave to enter the United Kingdom as a Tier 4 (General) Student Migrant with leave valid until 17 th February 2016. On 28 th June 2012 her leave to remain was curtailed from 27 th August 2012.

Judge Obhi considered the requirements set out in Appendix C of the Rules which must be met if an individual wishes to rely upon funds in a joint account or in the name of another. The Judge noted in particular that the appellant must be named on the joint account as one of the account holders or other criteria set out in paragraph 13 of Appendix C met.

The grounds refer to the case of Patel [2011] UKUT 211 and allege that in that case where the tribunal allowed an appeal on the ground the decision was not fair taken fairly and not in accordance with the law it may be sufficient to direct any fresh decision is not make a period of 60 days in order to give the appellant reasonable opportunity to vary his application.

It is also alleged that the requirement of fairness require the appellant to be given an opportunity to address grounds of refusal which she did not know and could not have known about, failing which the decision may be set aside as being contrary to the law. It was submitted that the appellant had no such opportunity making the Judge's decision unfair under the common law principles.

The submission the determination should be set aside in its entirety as a result of it being found the removal direction was not in accordance with the law has no merit. Two appealable decisions were made one in relation to the refusal to vary leave and secondly a section 47 removal direction. It is the removal direction that is not in accordance with the law not the refusal of variation.