Zane Malik Success in the COA

The Court of Appeal handed down its judgment in Anwar v SSHD [2017] EWCA Civ 2134 earlier today. The Court allows this important appeal and concludes that the immigration rules do not of themselves lawfully impose a condition restricting a student’s place of study in the United Kingdom. Further, neither the Home Office’s general leaflet nor the Biometric Residence Permit (BRP) is sufficient to impose such an immigration condition.  The Court finds that the Appellant, who studied at a college other than one that was identified in the Confirmation of Acceptance for Studies (CAS), did not breach any immigration condition.  The Court holds that the Upper Tribunal’s reported decision in Bhimani (Student: Switching Institution: Requirements) [2014] UKUT 516 (IAC) and the High Court’s decision in R (Afzaal) v SSHD [2014] EWHC 2215 (Admin) are both wrong and should not be followed by the lower courts and tribunals.‪ Zane Malik appeared for the successful Appellant.  Anwar v SSHD [2017] EWCA Civ 2134: http://www.bailii.org/ew/cases/EWCA/Civ/2017/2134.html