PO (Points based scheme: maintenance: loans)
| Jurisdiction | England & Wales |
| Judge | C M G OCKELTON,DEPUTY PRESIDENT |
| Judgment Date | 28 August 2009 |
| Neutral Citation | [2009] UKAIT 47 |
| Court | Asylum and Immigration Tribunal |
| Date | 28 August 2009 |
[2009] UKAIT 47
ASYLUM AND IMMIGRATION TRIBUNAL
THE IMMIGRATION ACTS
Mr C M G Ockelton, Deputy President of the Asylum and Immigration Tribunal
Designated Immigration Judge Macleman
For the Appellant: Mr R Gibb, Immigration Advisory Service, Glasgow
For the Respondent: Mr P. Laverty, Home Office Presenting Officer.
PO (Points based scheme: maintenance: loans) Nigeria
The terms of the guidance applicable to points-based scheme applications make it clear that the documents accompanying the application must show the required sums as credit balances. If the sums are sufficient, it does not appear to matter that they have been lent to the applicant. But it is not sufficient to show merely that a loan has been arranged.
The Appellant, a national of Nigeria, appealed to the Tribunal against the decision of the respondent on 21 March 2009 refusing him leave to remain in the United Kingdom as a Tier 1 (Post Study Work) Migrant. An immigration judge dismissed his appeal. The appellant sought and obtained an order for reconsideration. Thus the matter comes before us.
A number of matters were raised before the Immigration Judge, who decided, amongst other things, clearly correctly, that because paragraph 245AA of the Statement of Changes in Immigration Rules HC 395 incorporates the guidance there specified, in order to comply with the immigration rules an applicant must comply with the guidance. The issue in this case relates to the amount of money available to the appellant with which to satisfy the maintenance requirements of the points based scheme. The relevant requirement in the appellant's case, and the appellant's attempt to satisfy that requirement is clearly and succinctly set out in Mr Gibb's grounds for reconsideration at para 7 and 8 as follows:-
“7. That as the petitioner's application was made before 31 October 2008 the respondent's policy states that he must have had £800 available to him at the time of his application. It also stated that the documents produced to evidence the availability of these funds must be dated no earlier than a month before his application. ….
8. That the appellant submitted bank statements in the required form and dated within the specified period in support of his application. The balance in his account was less than £800. Nevertheless, he had an overdraft facility available, which allowed him to withdraw an additional...
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FA and AA (PBS effect of Pankina) Nigeria
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