I thought this list of appeal decisions and links to BAILII might be useful for reference. Several of the older determinations have been superseded, of course. I've included headnotes or short comments for the current decisions.

CDS (PBS "available" Article 8) Brazil [2010] UKUT 305 (IAC)

1.     Funds are “available” to a claimant at the material time if they belong to a third party but that party is shown to be willing to deploy them to support the claimant for the purpose contemplated.

2.     Article 8 does not give an Immigration Judge a free-standing liberty to depart from the Immigration Rules, and it is unlikely that a person will be able to show an article 8 right by coming to the UK for temporary purposes.  But a person who is admitted to follow a course that has not yet ended may build up a private life that deserves respect, and the public interest in removal before the end of the course may be reduced where there are ample financial resources available.

FA and AA (PBS effect of Pankina) Nigeria [2010] UKUT 304 (IAC)

The effect of the decision of the Court of Appeal in Pankina is not limited to the ‘three-month rule’ in relation to evidence of funds. Policy Guidance does not have the status of Immigration Rules for the purposes of immigration appeals.

R (on the application of English UK Ltd) v Secretary of State for the Home Department [2010] EWHC 1726 (Admin)

Confirms Pankina, below.

Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719

Held that the policy guidance is not binding, only the Immigration Rules themselves. Overturns NA and Others, below.

QI (para 245ZX(I) considered) Pakistan [2010] UKUT 217 (IAC)

The expression “current … leave to remain” in para 245ZX(I) of the Statement of Changes in the Immigration Rules HC 395 as amended must refer to an applicant’s/appellant’s substantive period of limited leave. Were it to denote extended leave under s.3C of the Immigration Act 1971 (“s.3C leave”), the expression would be meaningless.  Further, at the time the applicant made his application, his leave could only have been his substantive leave; any s.3C leave could not come into being until after he received a decision. That is because s.3C leave does not arise until “the leave expires without the application for variation having been decided’ (s.3C(c)).

AM and SS (PBS – Tier 1 – joint accounts) Pakistan [2010] UKUT 169 (IAC)

A joint account bearing the name of the applicant meets the relevant evidential requirements of paras 93-96 of the Tier 1 Guidance, so further evidence of the ownership of the funds in the account is not required.

US and MV (PBS applicants from same family) Malaysia [2010] UKUT 167 (IAC)

There is no proper basis for the Secretary of State to treat a valid application as invalidated by the presence in the same envelope of an invalid application by a member of the same family.

OK (paragraph 245Z(e) – transitional provisions – Maintenance (Funds)) Ukraine [2010] UKUT 166 (IAC)

1.     The Respondent’s transitional provisions in relation to Maintenance (Funds) requirements, ending on 31 October 2008, are not to be confused or conflated with the transitional provisions for Attributes and English Language for those remaining on the IGS/SEGS/FT:WISS schemes after 30 June 2008. 

2.     While an applicant may be entitled to the benefit of both transitional provisions where an application for Tier 1 (Post-Study Work) was made before 31 October 2008, applicants wishing to transfer from IGS/SEGS/FT:WISS to Tier 1 (Post-Study Work) whose applications were made after that date will need to meet the Maintenance (Funds) requirement in the normal way.

CS (Tier 1 – home regulator) USA [2010] UKUT 163 (IAC)

BN (Article 8 - Post Study Work) Kenya [2010] UKUT 162 (IAC)

NO (Post-Study Work – award needed by date of application) Nigeria [2009] UKAIT 00054

PO (Points based scheme: maintenance: loans) Nigeria [2009] UKAIT 00047

MM (Tier 1 PSW; Art 8; “private life”) Zimbabwe [2009] UKAIT 00037

SK (Tier 1 - Transitional provision - maintenance) Republic of Korea [2009] UKAIT 00032

The transitional provision concerning maintenance under Tier 1 (Post Study Work), for those with previous leave under the International Graduates Scheme, only applies to applications made on or before 31 October 2008. It has not been extended and there is no legitimate expectation that it should have been. 

NA & Others (Tier 1 Post-Study Work-funds) [2009] UKAIT 00025

...

vi.    However, until s.85A of the 2002 Act is brought into force (subsection 85(4)(a) of which stipulates that in respect of appeals in Points Based System cases the Tribunal may consider evidence adduced by the appellant only if it was submitted at the time of applying), it remains possible for appellants to satisfy the requirements of para 245Z(e) by providing on appeal evidence in specified form showing that they had £800 or over in personal savings for the period of three months immediately prior to the date of application.


Kan (Post-Study Work – degree award required) India [2009] UKAIT 00022