Judicial Review challenge to withdrawal of Tier 4 sponsorship licence

On 14^th May 2010 the High Court of Justice – Administrative Court gave permission to hear a judicial review challenge to UK Border Agency decisions to withdraw Tier 4 sponsorship licences. Two education providers who issued visa letters as Tier 4 sponsors were served with decisions suspending their licences and subsequently withdrawing them. In both cases the allegations were that the colleges did not fulfil their sponsor duties. The UK Border Agency arrived at this conclusion based on “low attendance” of students who obtained entry clearance alleging that those organisations did not have adequate procedures in place to adequately assess prospective students’ intentions and ability to study. The UKBA concluded that colleges failed to discharge their duties in the above matter therefore resulting in a high level of low attendance and therefore were indicative of an abuse of the system.

The court analysed documentation provided by the parties and based on this analysis concluded that the decision making process in each case was flawed to such an extent as to consider the claimants’ issues reasonably arguable and therefore allowed the judicial review hearing.

Further, the court considered the claimants’ applications for interim relief and agreed that both institutions suffered very significantly as a result of the suspension and withdrawal of their licences, being forced to refund many tuition fees. Combined with the finding that the claimant’s grounds for seeking judicial review were strong, the court decided to grant interim relief in both cases.

The merits of the case will be decided on the hearing. A hearing date has not yet been established.