The claimant wished to be allowed to stay in the UK to complete her studies. The respondent said that her course did not meet the criteria, being for professional membership of the British Computer Society, and not at a formal degree level throughout.
Held: The course if completed would lead to a degree level qualification. The statute was not to be read restrictively, but purposively. ‘the sensible and reasonable conclusion on the facts of this case is that the Claimant has embarked on a course of study leading to a level 6 qualification; and that the contrary view taken by the SSHD was wrong.’
[2009] EWHC 347 (Admin)
Bailii
England and Wales
Citing:
Applied – Odelola v Secretary of State for the Home Department CA 10-Apr-2008
The claimant applied for leave to remain in the United Kingdom as a postgraduate doctor. The immigration rules which had been laid before Parliament in accordance with section 3(2) of the 1971 Act and which were current at the time of her . .
Cited – AM (Ethiopia) and others v Entry Clearance Officer CA 16-Oct-2008
When applying for entry under a sponsorship arrangement, the three applicable rules disallowed third party support.
Laws LJ said: ‘The immigrant’s article 8 rights will (must be) protected by the Secretary of State and the court whether or not . .
Cited – TY (Student; ‘Satisfactory Progress’; Course of Study) Burma IAT 16-Jan-2007
AIT A person seeking an extension of leave as a student must show under paragraph 60(v) of HC 395 satisfactory progress in the ‘course of study’ for which he was last granted leave to enter or remain or, if . .
Cited – MG (‘Degree Level’ Study) South Africa IAT 30-Jul-2007
AIT The requirement of ‘a course of study at degree level or above’ in paragraph 60(i)(c) of HC 395 which has to be interpreted in accordance with paragraph 6 of the Rules means that the constituent parts of the . .
Lists of cited by and citing cases may be incomplete.
Immigration, Education
Updated: 31 October 2021; Ref: scu.317863