All Articles: Students
No duty of fairness to student left in the lurch by college
Last week the Court of Appeal dealt with the issue of fairness and discretion in the context of the Points Based System. Specifically, it decided that such values take a firm second place to predictability. The case is R (Dharmeshkumar Bhupendrabhai P ...
27th February 2018Student accused of ETS fraud found to have been unlawfully detained
In R (on the application of Iqbal) v Secretary of State for the Home Department [2017] EWHC 79 (Admin) the Secretary of State for the Home Department (SSHD) was found to have unlawfully detained a claimant whom they had alleged had fraudulently obtai ...
15th March 2017Home Office ‘abuse of power’ over English Language Testing student
The President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the Home Office abused its power in forcing a college to expel a student and deliberately depriving him of a statutory right of appeal. The case has now been r ...
11th January 2017Court of Appeal has finally had it with the Points Based System
The Points Based System is notoriously complex and indecipherable. Initially I believe this was simply incompetence on the part of Home Office officials unable to communicate in plain English and ill equipped to design to and then adapt to the constan ...
8th December 2016*UPDATED* Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination
President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secr ...
13th May 2016Inspection report finds chaotic Home Office practices in student cases
A recent report by the Chief Inspector of Borders and Immigration, David Bolt, revealed that the management of curtailment decisions in Tier 4 cases is inconsistent and the Home Office is unable to deal with the thousands of curtailment cases and ...
29th March 2016New immigration statistics: some highlights
The quarterly immigration statistics were published this morning. Net migration has reached its highest ever level, now standing at 336,000 for the year ended June 2015. Immigration increased by 62,000 to 636,000 and emigration decreased by 20,000 to ...
26th November 2015Court of Appeal dismisses ETS challenges
Back in the day, One Direction enjoyed considerable success and dominated the reported charts. Without a picture in the attic, though, good fortune and good looks cannot last forever. Decline is inevitable. It can be embraced with dignity but this elu ...
29th September 2015Statement of Changes in Immigration Rules HC 297
Statement of Changes in Immigration Rules HC 297 was published today, 13 July 2015, having been trailed in The Daily Mail over the weekend. It includes some significant changes, particularly for international students. I’m technically on holida ...
13th July 2015Good news and bad for challenges to ETS fraud decisions
The Upper Tribunal has given judgment in a test case on ETS appeals and judicial reviews: R (on the application of Gazi) v Secretary of State for the Home Department (ETS – judicial review) IJR [2015] UKUT 327 (IAC). It is essential reading for anyo ...
18th June 2015Genuine students and ECO interviews
Having just finished drafting grounds for judicial review in a case involving a refusal of a Tier 4 study application on the grounds that the applicant was not a “genuine student” I was interested to see the new case of R (on the applicat ...
17th May 2015Pankina and Beyond! Students and knowledge of English
I recently acted in an appeal concerning a Tier 4 Student application in which the sole reason for refusal concerned the appellant’s English language ability. Since April 2011 all degree–level students have been required to show knowledge of Eng ...
1st March 2012