QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF CAMPBELL||(CLAIMANT)|
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MISS COLLIER (instructed by Treasury Solicitor) appeared on behalf of the DEFENDANT
Crown Copyright ©
"State the progress you have made in your course of study including details of any relevant examinations you have taken and any qualifications you have acquired since you were last given leave to enter or remain as a student. Continue on a separate sheet if necessary."
The claimant did not answer that question on the form. Question 4.1 invited the claimant to tick an appropriate box so as to identify the sort of course that he was intending to study. He did not tick any of those boxes. Section 5 of the form was concerned with his residential arrangements. He completed it so as to make clear that his home in London was owned or rented by a relative or friend, that he did not have to pay any rent, that he was not receiving sponsorship from any government but that a relative or friend was regularly giving him money. The relative or friend in question I understand to be his aunt. Having answered that last question in the affirmative, he was then asked, "how much money do you receive each month?" He did not answer that question, but did make it clear that he was not in receipt of any public funds. Section 7 of the form, headed "Documentary Evidence" is a detailed page or more identifying documents which have to accompany the application. One of its requirements is in the following terms:
"A document (or documents) showing that you have the financial resources to maintain and accommodate yourself and any dependants without recourse to public funds. The document(s) must be formal documents such as bank statements, a building society passbook, or wage slips ... If a relative or friend is supporting you, then you may provide a letter from him/her confirming this together with formal documents showing his/her financial resources."
Attention is then drawn to Note 3, which states:
"We are unlikely to grant your application unless the documents establishing the financial resources available to you cover the last three months."
There is also provided to an applicant a checklist in relation to the completion of the application form, which reminds an applicant to complete all applicable sections of the form correctly as specified, and advises that if the applicant is presently unable to provide any of the documents specified in Section 7, he should give an explanation and say when he expects to be able to provide them.
"You have applied for leave to remain as a Student to study at The Blackheath Bluecoat School ... I am not satisfied that you have been accepted for a full time course of study either at a publicly funded institution of Further or Higher Education or at a bona fide private educational institution which maintains satisfactory records of attendance or at an independent fee paying school outside the maintained sector."
That refusal was stated to be a response to the application that had been lodged in October, that is to say the disowned one.
"After admission to the United Kingdom any application for an extension of the time limit on or variation of conditions attached to a person's stay in the United Kingdom must be made to the Home Office before the applicant's current leave to enter or remain expires."
It is then provided that subject to some exceptions that do not arise in the present case:
"... all applications for variation of leave to enter or remain must be made using the form prescribed for the purpose by the Secretary of State, which must be completed in the manner required by the form and be accompanied by the documents and photographs specified in the form. An application for such a variation made in any other way is not valid."
Section 61 of the 1999 Act provides:
"A person may appeal against a decision to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom which he has if, as a result of that decision, he may be required to leave the United Kingdom within 28 days of being notified of the decision."
That right of appeal only arises if the applicant has applied to vary the limited leave before the initial leave expires. Thus the central issue in this case is: was the May application a valid application?
"The requirements to be met by a person seeking leave to enter the United Kingdom as a student are that he:
i) 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 maintained sector ..."
"Leave should not be given to a child whose sole claim to remain is based on his acceptance as a pupil at a maintained school."
And little later:
"A child who seeks admission as a student to attend a maintained school should normally be refused leave to enter ... If the immigration officer is satisfied, however, that he otherwise meets the requirements of the Rules and that he, or the person responsible for him, has the means to pay for studies at a private educational institution, and will seek to arrange such a course, leave to enter may be given ... for 6 months."
The words "will seek to arrange such a course" are emphasised in the instructions. The submission on behalf of the claimant is that that covers his circumstances.