ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(MR JUSTICE BLAKE)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE RIMER
LORD JUSTICE SULLIVAN
| THE QUEEN ON THE APPLICATION OF
|- and -
SECRETARY OF STATE FOR THE HOME DEPARTMENT
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Mr T Eicke QC (instructed by the Treasury Solicitor) appeared on behalf of the Respondent.
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Lord Justice Sullivan:
"You have claimed 10 points for funds under Appendix C of the immigration rules, but the documents you have provided do not demonstrate that you are in possession of £800/have been in possession of £800 for the period specified in the guidance. The Secretary of State is therefore not satisfied that you have achieved 10 points under Appendix C of the Immigration Rules."
"Migrants are required to demonstrate that they hold the required level of funds at the closing balance on any one day during the one-month period prior to the date of application."
"Evidence must be in the form of cash funds. Other accounts with financial instruments such as shares, bonds, pension funds, etcetera regardless of notice period are not acceptable."
"Personal, bank or building society' statements covering the three month period immediately before the application,
The personal bank and building society statements should clearly show ...
that there are enough funds present in the account (the balance must always be at least ... £800 ..."
Lord Justice Rimer:
Lord Justice Mummery:
"Evidence must be in the form of cash funds. Other accounts or financial instruments for example, shares, bonds, pension funds or agreed overdraft facilities are not acceptable as evidence of your maintenance (funds)."
Order: Appeal dismissed