IA/27663/2012

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The decision



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