Guru's & Experts please Read !!

[S&T]

Timeline
Entrepreneur team
Applied: 12/12/12
Rejected: 15/05/12
Appeal made: 29/05/12
Hearing date: 17/11/2013
Only Refusal reason: Me and my partner do not have access to each others funds.
Money is held in our personal accounts. (HSBC for me and Lloyds for my partner)

1 : We have tired opening a joint ac in UK but banks wont allow us and they have given a letter to confirm that they wont allow us to open a joint ac just for VISA purposes. Also my partners bank(lloyds) has provided letter to say that the funds are free from any liability in my partners ac and he can use it as he wishes to do, but they cant confirm that the funds are available to me.

Please can all the Experts and Guru's Advise us as to how we can support our appeal in the court

our barrister said that we cannot use evidential flexibility as it is superseded by 245AA of the immigration rules and this restricts us from providing any additional new evidence and also allows UKBA to request info from us at their discretion and not as an obligation when they are assessing our application.

She has said that we can use Paragraph 52A to defend our case.

Is this point enough to defend our case. Please can anyone advice as to what other points can we use in our defense ?