Tier 4 Visa Appeal refused but Judge given decision for cons

[hassan5805]

Hi Everyone.

Previously i asked some information with regards to my cousin refusal of Tier 4. A lot of you have given very valuable advices.
In short my cousin visa refuse due to shortage of about £200 or something in maintenance.
He had credit card and we used that case
https://moj-tribunals-documents-prod.s3 ... igeria.pdf

Because my cousin had credit card with limit of £3000 and he not used it. But He did not provide the information with regards to credit card intially.

Now jugge refused the application and stated that

( The Appelant however has shown that he had access to further ££3000 thorgh the credit card this money can be taken account into the folliwoig Ejifugha)
( Unfortunately matter does not end there because appelant did not send the crdit card statment along with intial application)
( in these circumstances i have no alternative to dissmiss this appeal. I would never the less ask the respondent to consider unsing residual discretion to allow the appelant to complete his course as it is clear that the appeal is dismissed on an ommision by the appelant who had at all material times access to monies to qualify under the rules: he simply failed to evidence this at the time of application)

Guys please advice what should do next.

Regards

[hassan5805]

Loads of view but not even one reply.

is there any Guru there who can advice,

Regards

[hassan5805]

I thought this forum made to help eatcother whoever needs.

But whats point having account when one giving answer for any simple query.

I think all the moderator are busy helping other people on point based system and they dont bother about the students.

I will appreciate if any of you help in this regards.

[Greenie]

Appendix C of the immigration rules was changed after the case of Ejifugha to explicitly exclude use of credit cards in order to meet maintenance funds requirements. See appendix C 1A(j)

https://www.gov.uk/government/uploads/s ... _final.pdf

So contrary to what the judge has said your cousin didn't have funds available to him to qualify under the rules. Not sure there is much he can do. He can ask the home office to exercise their discretion but they are under no obligation to do so and the judge's direction is misguided.

When was the appeal decision received? He may still be able to make a further albeit now out of time application but he'll no longer have established presence.

[hassan5805]

Appendix C of the immigration rules was changed after the case of Ejifugha to explicitly exclude use of credit cards in order to meet maintenance funds requirements. See appendix C 1A(j)

https://www.gov.uk/government/uploads/s ... _final.pdf

So contrary to what the judge has said your cousin didn't have funds available to him to qualify under the rules. Not sure there is much he can do. He can ask the home office to exercise their discretion but they are under no obligation to do so and the judge's direction is misguided.

When was the appeal decision received? He may still be able to make a further albeit now out of time application but he'll no longer have established presence.

Thank you very much for your response.
he recieved decision on 07th..
Someone was telling me section 85 was reappealed too.
regards