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	United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> IA276632012 [2013] UKAITUR IA276632012 (3 October 2013) URL: http://www.bailii.org/uk/cases/UKAITUR/2013/IA276632012.html Cite as: [2013] UKAITUR IA276632012

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Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/27663/2012

 

 

THE IMMIGRATION ACTS

 

 

Heard at Glasgow	Determination promulgated
on 2 October 2013	On 3 October 2013

 

 

Before

Mr C M G OCKELTON, VICE PRESIDENT

UPPER TRIBUNAL JUDGE MACLEMAN

 

Between

 

ERIKA ROSE SILVERMAN

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

 

Respondent

 

 

 

For the Appellant: Mrs J Moore, of Drummond Miller, Solicitors

For the Respondent: Mr A Mullen, Senior Home Office Presenting Officer

 

 

DETERMINATION AND REASONS

 

 

1.      The appellant appeals against a determination by First-tier Tribunal Judge Callow, dismissing her appeal against refusal of a tier 4 application under the Points Based System (PBS).

 

2.      The appeal was decided “on the papers” in the First-tier Tribunal. It failed because it was thought that the appellant needed to provide a letter from her parents confirming their relationship and their consent to use of funds.

 

3.      The Presenting Officer observed that this stemmed from a misunderstanding of the legal requirements, brought about by the appellant not filling in correctly parts L22 - L24 of the application form. In fact, she was a “low risk student” who was not required to produce documentation of this nature with her application. He fairly and correctly said that the decision should be reversed.

 

4.      The determination of the First-tier Tribunal is set aside. The appeal, as brought by the appellant to the First-tier Tribunal, is allowed.

 

5.      No order for anonymity has been requested or made. No fee award has been requested or made.

 

 

2 October 2013

Judge of the Upper Tribunal