UTIAC In the context of a Post Study Work appeal based on the right to respect for private life, the balancing of all relevant factors of significance cannot be confined to consideration of the appellant’s ability to self-maintain and the potential to misunderstand requirements of the Immigration Rules and corresponding Policy Guidance.
Sullivan J’s observations in R (on the application of Forrester) v SSHD [2008] EWHC 2307 (Admin) were not meant to enunciate a general proposition about Immigration Rules that are in non-discretionary form or to imply a view that any policy fitting this description could have no public interest weighting.
The decision in OA (Nigeria) [2008] EWCA Civ 82 was fact-sensitive and in any event affords little assistance when considering the case of a person who has applied, not to complete studies, but to switch to employment, in circumstances where she could only expect to be able to do so if she met the requirements of the Immigration Rules.
[2010] UKUT 162 (IAC)
Bailii
European Convention on Human Rights 8
England and Wales
Immigration, Human Rights
Updated: 10 November 2021; Ref: scu.416343