The claimants challenged refusal of financial support for their studies, being immigrants with discretionary leave to remain.
Held: It was submitted ‘ that the provision of a loan to pay fees is one removed from the imposition of fees itself, and so should be taken as too remote to fall within the scope of A2P1 for the purposes of article 14.’
Held: Burnett J said: ‘that is a technical approach which does not accord with the broad view the Strasbourg Court takes on such matters. Nobody can have access to university education unless funding is found to discharge the fees. State support for the discharge of fees by way of loans will be, for a very large number of people, the only practical way of paying them. It is therefore an important feature in providing practical and effective access to university education. For this reason I do not accept that the current arrangements relating to funding are too remote from the right guaranteed by A2P1 to fall outside its ambit and therefore to be considered by reference to article 14.’
Judges:
Burnett J
Citations:
[2013] EWHC 2396 (Admin), [2014] PTSR 92
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Kebede, Regina (on The Application of) v Newcastle City Council Admn 15-Feb-2013
The two brothers had had their asylum claims rejected but remained with temporary discretionary leave. They now sought judicial review of the refusal to them of financial assistance to go to university. . .
Cited by:
Appeal from – Kebede and Another, Regina (on The Application of) v Newcastle City Council CA 31-Jul-2013
The claimant challenged refusal by the defendant to provide financial support for his studies. . .
Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Lists of cited by and citing cases may be incomplete.
Education, Immigration, Human Rights
Updated: 26 July 2022; Ref: scu.514298