QUEEN'S BENCH DIVISION
B e f o r e :
(sitting as a deputy High Court judge)
|THE QUEEN ON THE APPLICATION OF HEMANT HULKORY||Claimant|
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT||Defendant|
Wordwave International Limited
A Merrill Communications Company
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr Jonathan Moffett (instructed by the Treasury Solicitor, London WC2B 4TS) appeared on behalf of the Defendant
Crown Copyright ©
"Your application has been refused for the reasons set out in the enclosed notice."
The enclosed notice reads as follows:
"Although you were last admitted to the United Kingdom as a student your leave expired on 30th November 2005. As your application was made on 1st December 2005 you are not a person specified in Appendix 1 to the Immigration Rules who was within the currency of their leave. Therefore the Secretary of State is not satisfied that you were in possession of a valid student entry clearance, or valid prospective student entry clearance in accordance with paragraphs 82 to 87 of the Immigration Rules, as you have been accepted for a course of study below degree level."
"You made an application on 01 December 2005. However, your leave to remain expired on 30th November 2005. You therefore did not have leave to remain at the time of your application.
There is no right of appeal against this decision."
"As your application was made on the 1st December 2005 and your student leave expired on 30th November 2005, you did not have valid leave at the time of their application and as such it has been refused."
12. Mr Bahja refers in particular, in order to establish those propositions, to R v Secretary of State for the Home Department, ex parte Tarrant  QB 251, a decision of the Divisional Court relating to the provision of legal assistance to prisoners in challenging disciplinary decisions.