IA231212014

This is an appeal against the determination of First-tier Tribunal Judge Andrew, promulgated on 8 th September 2014, following a hearing at Birmingham Sheldon Court on 7 th August 2014. In the determination, the judge allowed the appeal of Mr Hassam Mushtaq. The Respondent Secretary of State subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a male, a citizen of Pakistan, who was born on 30 th June 1991. He appealed against the decision of the Respondent dated 12 th May 2014, to refuse to grant him further leave to remain in the UK as a Tier 4 (General) Student under paragraph 245ZX(d) of HC 395, because he had not been awarded 10 points for maintenance (funds).

The Appellant�s claim is properly set out by the judge below. She recounted how the Appellant completed a computer-generated form to make his application for further leave. He had to complete the CAS number and the form then generated the amounts which were required to be shown by him to comply with the Rules. The form showed that he needed �1,424 for his fees (which had been paid) and �2,000 for maintenance. The judge observed how it was common ground that the Appellant produced a bank statement showing that he had in excess of this sum (see paragraph 5).

At the hearing before the judge on 7 th August 2014, the Appellant appeared in person, as he had done before this Tribunal today, and produced further evidence in the form of a letter from BPP University dated 21 st May 2014, and this confirmed that contrary to the Respondent Secretary of State�s view, the Appellant had not studied for four months in the last twelve months, but had actually studied for more than six months (see paragraph 7 of the determination).

The judge considered this to be dispositive of the appeal before her and found in favour of the Appellant, whereupon the Secretary of State appealed to this Tribunal.