R Zhou v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | THE DEPUTY JUDGE |
| Judgment Date | 12 December 2011 |
| Neutral Citation | [2011] EWHC 3803 (Admin) |
| Date | 12 December 2011 |
| Docket Number | CO/12872/2010 |
| Court | Queen's Bench Division (Administrative Court) |
[2011] EWHC 3803 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
John Bowers QC
(Sitting as a Deputy High Court Judge)
CO/12872/2010
Mr I Maka (instructed by Southbridge Solicitors) appeared on behalf of the Claimant
Mr D Edwards (instructed by Treasury Solicitors) appeared on behalf of the Defendant
(As approved)
In this case, the claimant arrived in the UK on 20 November 2003. On 7 December 2005, she was granted leave to remain as a student until 30 November 2009. On 3 December 2009, her application as a Tier 4 (General) Student Migrant was rejected as invalid due to the passport size photograph not meeting the defendant's requirements.
On 27 January 2010, she sent in a further application as a Tier 4 (General) Student Migrant to study at Unity College. That application was accepted as valid, and processed. But on 16 February 2010, Unity College's Tier 4 licence was suspended, unknown to the claimant. On 15 September, the licence of Unity College was withdrawn, and then a week later the claimant's application was refused on the basis that the CAS confirmation of acceptance of study issued by the college was invalid as the licence had been withdrawn.
The Tier 4 policy guidance at the date of the claimant's first application was to the effect that if the student is already in the UK studying:
"We will not tell him/her if we suspend their licence. However, if the result of the suspension is that the Tier 4 sponsor loses their licence, we will tell the student and his/her permission to stay will be limited. If the licence is withdrawn, we will limit the student's permission to stay to 60 days if the student was not involved in the reasons why the Tier 4 sponsor had their licence withdrawn. We will not give the student permission to stay if he/she has less than 6 months left. The student may want to apply for permission to stay with another Tier 4 sponsor during this time."
Mr Maka, who made his points very clearly, relies on the...
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