UTIAC 1. A decision by the Secretary of State to refuse further leave to remain as a Tier 4 (General) Student Migrant was not in accordance with the law because of a failure to comply with the common law duty to act fairly in the decision making process when an applicant had not had an adequate opportunity of enrolling at another college following the withdrawal of his sponsor’s licence or of making further representations before the decision was made.
2. The principles of fairness are not to be applied by rote: what fairness demands is dependent on the context of the decision and the particular circumstances of the applicant.
Citations:
[2011] UKUT 151 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 06 September 2022; Ref: scu.432808