More on Tier 4, existing students & revocation

A case that I’ve been meaning to blog about for weeks now is R (on the application of City Banking College Ltd) v Secretary of State for the Home Department (unreported) which involved the revocation of the college’s Tier 4 Sponsor Licence and was the subject of consideration by the Administrative Court in July this year.

The college’s licence was revoked on the basis that its refusal rate was too high and it had failed to report a number of non-enrolments. It launched an application for judicial review on the grounds that (a) the wrong period had been used for calculating the refusal rate; (b) the policy had been applied too rigidly; and (c) the secretary of state had failed to take into account exceptional circumstances. It also applied for an interim injunction to permit the 200 students already enrolled to complete their programmes.

The Court decided that the college had a prima facie case for judicial review, although some aspects of it appeared doubtful. Although upholding the robustness of the immigration system was a laudable aim, the Court was not satisfied that a limited injunction that permitted existing students to continue their studies pending the full hearing of the claim represented any risk to immigration control. Accordingly, the injunction was granted to enable the college to continue to educate the students until its claim for judicial review was refused.

A reassuringly fair approach to the balance of convenience test.

Smita Jamdar
Partner and Head of Education
For and on behalf of SGH Martineau LLP
DD: 0800 763 1332
M:  07909 925946
F: 0800 763 1732
International DD: +44 870 763 1332
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