IA/32173/2013

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The decision




Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/32173/2013


THE IMMIGRATION ACTS


Heard at Field House
Determination Promulgated
On 12th March 2014
On 13th March 2014




Before

upper tribunal judge MARTIN

Between

MS FAUSTINA IFEYINWA OKWARA
Appellant

and

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:

For the Appellant: Mr N Garrod (instructed by Addison & Khan, Solicitors)
For the Respondent: Ms A Holmes (Senior Home Office Presenting Officer)


DETERMINATION AND REASONS
1. The Appellant appeals to the Upper Tribunal, with permission, against the determination of the First-tier Tribunal (Judge Braybrook) promulgated on 3rd January 2013 by which it dismissed the Appellant's appeal against the Secretary of State's decision to refuse her leave to remain as a Tier 1 (Entrepreneur) Migrant.
2. The grounds seeking permission to appeal argue that the Judge erred in finding that the Barclays Bank letter submitted with the application did not meet the requirements of the Immigration Rules (paragraph 41SD(a)(i) or(ii)), when another document - a document signed by the owner of funds did comply with paragraph 41SD (b)(i) and (ii) which was an alternative to paragraph 41SD (a) (i) or (ii).
3. That was the basis upon which permission to appeal was granted. However the application was submitted on 12th December 2012 with the Barclays Bank letter. The sworn statement relied upon is only dated 8th July 2013. Accordingly it did not comply with the Rules requiring the evidence to be submitted with the application, nor can it be taken into account at the hearing (S.85A(4) Nationality, Immigration and Asylum Act 2002). We now have clear guidance form the Court of Appeal that an Appellant must produce the evidence with the application and it is not acceptable to produce it at any time before a decision is made ( Raju, Khatel and Others v SSHD [2013] EWCA Civ 754).
4. The appeal to the Upper Tribunal is dismissed.



Signed Date 12th March 2014



Upper Tribunal Judge Martin