All Articles: Tier 4

Supreme Court upholds Points Based System sponsor licensing scheme

The Supreme Court has held the Points Based System’s sponsor licensing scheme is lawful. As Nicola Carter observes, sponsors may be disappointed with the result in R (New London College Ltd) v Secretary of State for the Home Department [2013] UK ...

23rd July 2013 By

Kaur (Patel fairness: respondent’s policy) [2013] UKUT 344 (IAC)

Short case reiterating that Home Office has to act in accordance with its policies, including that designed to give effect to the earlier Patel case on the situation of students whose college has its sponsor licence suspended or withdrawn. Outgoing Pr ...

19th July 2013 By

ACCA not a degree

ACCA not a degree says High Court Zane has suggested on Twitter he is appealing but this looks pretty authoritative, at least in cases that were decided before the Supreme Court decision in Alvi. Note that the claimant in this case, Syed, had to argue ...

29th April 2013 By

Fairness to the rescue – Yes, again!

The trend is continuing with the fairly recent Upper Tribunal decision of Basnet (validity of application – respondent) [2012] UKUT 00113 (IAC).  This concerns applications rejected as invalid specifically due to a non-payment of the applicatio ...

30th April 2012 By

Pankina 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 By

Fairness to the rescue (again)

The latest case on fairness and the Secretary of State’s duty within the Points-Based System was published earlier last month.  Naved (Student – fairness – notice of points) [2012] UKUT 14(IAC) concerned a student applying for further leave to ...

15th February 2012 By

All change

A plethora of immigration tweaks were announced yesterday, mainly of a technical nature. There is still no sign of the introduction of a minimum income level nor the ending of Tier 2 settlement applications. It is beginning to seem likely that these w ...

14th February 2012 By

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