R Richins v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | MR JUSTICE WILKIE |
| Judgment Date | 07 December 2011 |
| Neutral Citation | [2011] EWHC 3755 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Docket Number | CO/12633/2010 |
| Date | 07 December 2011 |
[2011] EWHC 3755 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
Mr Justice Wilkie
CO/12633/2010
Ms S Jegarajah (instructed by Prime Solicitors) appeared on behalf of the Claimant
Miss Z Leventhal (instructed by the Treasury Solicitor) appeared on behalf of the Defendant
: There is a renewed application for permission to seek a judicial review of a decision taken by the Secretary of State on 22nd November 2010 to refuse an application for Tier 1 (Post-study work) visa made on the applicant's behalf. The single judge refused permission on 1st March of this year.
The argument on this renewed application has effectively focused on a decision of the Court of Appeal taken very recently, on 15th November of this year, in the case of Ramesh Sapkota & KA (Pakistan) v Secretary of State for the Home Department.
The chronology of events is of some significance. The claimant was born in 1981 in Trinidad and Tobago and on 3rd August 2001 arrived in the UK with entry clearance as a working holiday maker, which was valid until June 2003. In June 2003 he was granted leave to remain as a student until 31st October 2006 on the basis that he was studying a full-time degree course at City University. In November 2006 he was granted an extension of stay as a student until 31st January 2008. On 30th January 2008 he applied for an extension of stay as a student. On 1st April 2008 that application was refused on the grounds that the Secretary of State was not satisfied that the claimant could show evidence of satisfactory progress and that he intended to follow the course of study or that he was enrolled on a full-time course. That decision carried with it a right of appeal, which was exercised, and on 30th May 2008 an appeal on the basis of the Immigration Rules and Article 8 of the European Convention on Human Rights was dismissed by the Asylum and Immigration Tribunal.
By 10th June 2008 the claimant had exhausted his appeal rights. There were then requests for reconsideration. He was advised to make a fresh application for an extension of stay as a student in October 2008, which he did. On 25th September 2009 that application was refused, this time without a right of appeal.
That past history, after further decisions of the Secretary of State to maintain her decision, had given rise to a judicial review claim, commenced on 18th December 2009. Permission was refused on 27th July 2010 on the basis that the claim was wholly without merit.
On 6th October 2010, in the meantime the claimant having obtained a BA degree from Westminster University, he submitted an application for leave to remain as a Tier 1 (Post-study work) migrant. It was the refusal of that application which has given rise to these proceedings.
The decision letter set out in detail the reasoning for that decision on the basis of the points-based scheme. One of the main elements of that decision was that it was decided that the claimant was not entitled to 20 points to which he would have been entitled if he could have demonstrated that throughout the...
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