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Points Based System oddity

Points Based System oddity

I’ve just been drafting a skeleton argument for yet another Points Based System student refusal where there is no doubt the applicant has plenty of money, it is just that the evidence is not quite in the required form.

Points mean prizes!

This application was made in the summer, before the rules changed to allow students to rely on their parents’ bank accounts. However, the decision was not made until nearly October, by which time the policy guidance had changed (as of 20 August 2009, in fact).

So, under NA and Others the student has to show that he met the criteria at the date of application. However, the House of Lords was quite clear in Odelola that the law that is applicable is that pertaining at the date of decision. That reasoning must also apply to the policy guidance, both on a reading of the reasons the Lords followed in relation to executive policies and also on the tribunal’s (arguably wrong but currently more or less binding) analysis of the way the immigration rules have incorporated the guidance.

It therefore seems that the parental bank account can be considered as this was the law at the date of decision, but the relevant balance in the account is that at the date of the application.

Good news for my client, but it is rather an odd and convoluted system the Home Office and tribunal have between them managed to create. Simple it most certainly is not, which was supposed to be one of the guiding principles of the whole thing.

Free Movement
The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.

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