Mushtaq (S 85A, (A): Scope; Academic Progress) Pakistan: UTIAC 8 Feb 2013

UTIAC (1) The effect of section 85A(3)(a) of the Nationality, Immigration and Asylum Act 2002 is such that Exception 2 can apply where an appeal is brought against an immigration decision of a kind specified in section 82(2)(a) or (d), whether or not the appeal includes, or is treated by section 85(1) as including, an appeal against another immigration decision.
(2) The requirement in former paragraph 120A of Appendix A to the Immigration Rules for the Sponsor to confirm that a proposed course of study ‘represents academic progress from previous study undertaken during the last period of leave as a Tier 4 (General) Student or as a Student’ is not displaced where the last period of leave granted to the applicant has been for some other reason than as such a Student. The benchmark for assessing academic progress is the last course of study.
[2013] UKUT 61 (IAC)
Nationality, Immigration and Asylum Act 2002 85A(3)(a), Immigration Rules
England and Wales

Updated: 30 April 2021; Ref: scu.470862