QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
(Sitting as a Deputy High Court Judge)
|THE QUEEN ON THE APPLICATION OF MOHAMAD FARHAD CASSIMKHAN||(CLAIMANT)|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||(DEFENDANT)|
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(Official Shorthand Writers to the Court)
MR J KENNY (instructed by Treasury Solicitor) appeared on behalf of the DEFENDANT
Crown Copyright ©
"You have asked for leave to enter the United Kingdom for two years in order to study English at Richmond College and motor technician at Brookland College, but I am not satisfied that you are a genuine student who intends to leave the United Kingdom on completion of your studies. I therefore refuse you leave to enter the United Kingdom."
"(i) [The student] has been accepted for a course of study at:
(a) a publicly funded institution of further or higher education; or
(b) a bona fide private education institution which maintains satisfactory records of enrolment and attendance; or
(c) an independent fee paying school outside the main sector.
"(a) a recognised full-time degree course at a publicly funded institution of further or higher education; or
(b) a weekday full-time course involving attendance at a single institution for a minimum of 15 hours organised day time study per week, one single subject or directly related subject; or
(c) a full-time course of study at an independent fee paying school.
"If under the age of 16 years the applicant is enrolled at an independent fee paying school on a full-time course of studies which meets the requirement of the Education Act 1944; and
(iv) intends to leave the United Kingdom at the end of his studies; and
(v) does not intend to engage in business or to take employment except part-time or vacation work undertaken with the consent of the Secretary of State; and
(vi) is able to meet the costs of his course and accommodation and the maintenance of himself and any dependants without taking employment or engaging in business or having recourse to public funds."
"A person seeking leave to enter the United Kingdom as a student may be admitted for an appropriate period depending on the length of his course of study and his means, and with a condition restricting his freedom to take employment provided that the Immigration Officer is satisfied that each of the requirements of paragraph 57 is met."
"Leave to enter as a student is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 57 is met."
It is common ground that any refusal by the defendant has to be for reasons within paragraph 57. Lorraine Crockett says that she refused the claimant leave to enter the United Kingdom in accordance with paragraph 59.