IA241562012

The appellant is a citizen of Mauritius, born on 28 th February 1984. Her appeal against the decision of the respondent, made on 15 th October 2012, refusing her application for further leave to remain in the United Kingdom as a Tier 4 (General) Student Migrant under paragraph 245ZX of HC 395, as amended, was dismissed under the immigration rules after a hearing before First-tier Tribunal Judge Wellesley-Cole, in a determination promulgated on 22 nd January 2013. The First-tier Tribunal judge did not determine the appellant�s human rights grounds of appeal under article 8 of the ECHR.

Permission to appeal was granted in the First-tier Tribunal and on 2 nd April 2013 Deputy Upper Tribunal Judge Mailer found that the First-tier Tribunal judge had made an error on a point of law in her determination of the appeal for reasons set out in the appendix hereto.

The appellant�s application was refused by the Secretary of State on the grounds that she did not have the necessary level of funds, namely �7,200 and also on the grounds that application was made on 3 rd July 2012 and the closing date of the bank statements submitted in support of her application were dated 16 th May 2012, namely more than one month prior to the date of application.

During the course of the hearing before me on 31 st July 2013 the appellant claimed that she had an established presence studying in the United Kingdom and so was obliged to show funds totalling �1,600 only, in accordance with the criterion following paragraph 11 of Appendix C to HC 395, as amended because, at the date of the application, as required by paragraph 14, she had current leave to remain as a Tier 4 Migrant Student and an established presence studying in the United Kingdom.

studying in the UK if the applicant has � leave to remain as a Tier 4 migrant�and at the date of the application: