QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF HAN||Claimant|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||Defendant|
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Mr Matthew Barnes (instructed by Treasury Solicitors) appeared on behalf of the Defendant
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"If there is any problem with the validity of the application such as missing documentation or omissions on the form, the caseworker will write to you as soon as possible to advise what action you need to take to rectify the problem."
"(a)Where Part 6A or any appendices referred to in Part 6A state that specified documents must be provided, the Entry Clearance Officer, Immigration Officer or the Secretary of State will only consider documents that have been submitted with the application, and will only consider documents submitted after the application where they are submitted in accordance with subparagraph (b).
(b) If the applicant has submitted specified documents in which:
. . .
(ii)A document is in the wrong format (for example, if a letter is not on letterhead paper as specified);
the Entry Clearance Officer, Immigration Officer or the Secretary of State may contact the applicant or his representative in writing, and request the correct documents. The requested documents must be received at the address specified in the request within 7 working days of the date of the request."
Otherwise the rule contemplates that only documents submitted with the application will be considered.
"To qualify for leave to remain as a Tier 4 (General) Student under this rule, an applicant must meet the requirements listed below . . . if the applicant does not meet these requirements, the applicant will be refused.
. . .
(d) The applicant must have a minimum of 10 points under paragraphs 10 to 14 of Appendix C."
1A. In all cases where an applicant is required to obtain points under Appendix C, the applicant must meet the requirements listed below:
(a) The applicant must have the funds specified in the relevant part of Appendix C at the date of the application;
. . .
(c) If the applicant is applying as a Tier 4 Migrant, the applicant must have had the funds referred to in (a) above for a consecutive 28-day period of time;
. . .
(h) The end date of the 90-day and 28-day periods referred to in . . . (c) above will be taken as the date of the closing balance on the most recent of the specified documents (where specified documents from two or more account are submitted, this will be the end date for the account that most favours the applicant), and must be no earlier than 31 days before the date of application.