Mulberry Finch Blog

A Tier 4 Student Visa application will fail if the applicant and the sponsor college at which they intend to pursue their studies fails to comply with the Immigration Rules, says the Upper Tribunal (UT). The issue of fairness was also considered. Simply put, no unfairness is to be found where a student has had ample time to become familiar with the changes to the Immigration Rules but has failed to inform themselves; it is not a burden for the Home Secretary to shoulder.

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Asylum seeking torture victims are commencing legal action against the UKBA for ‘false imprisonment’ pertaining to periods of detention at the hands of the Agency. As the Guardian reports, “torture victims are being routinely held in immigration detention centres in breach of the Home Office’s own rules.”

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An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of the Article 8 (ECHR) right to family life. 

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My article published earlier this week gives an overview of how the Government has engineered immigration statistics to better serve their mission to reduce non-EU migration from the current annual 240,000 to 100,000 by 2015. But has the Coalition considered the billions it could cost our universities? 

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