UKBA revocation of Tier 4 licence upheld

Continuing the line of caselaw which is developing around the revocation of Tier 4 licences, the Administrative Court has dismissed a judicial review claim against the Secretary of State for the Home Department (SSHD).

The UKBA had suspended the Manchester College of Accountancy and Management’s (MANCAM’s) Tier 4 licence in February 2012. The licence was later revoked on 2 April 2012. The UKBA’s position was that the action was necessary on the basis that MANCAM had breached the terms of its Tier 4 licence by:

1. not properly monitoring sponsored students’ attendance;

2. not reporting students who failed to enrol promptly or keeping track of the students it assigned CASs to;

3. failing to comply with its “B-rated action plan” duty to keep up to date contact details for its students and ensure that they are updated regularly - an action plan the UKBA had previously deemed necessary in order for MANCAM to become an “A-rated” sponsor and thus maintain its Tier 4 status;

4. not effectively assessing students’ ability before assigning CASs; and

5. not adhering to its mandatory reporting obligations.

MANCAM sought judicial review on the decisions to suspend and revoke the licence on the basis they were unlawful, unreasonable and unfair.

The Court found that there was no unfairness as the decision to revoke the licence was made in accordance with the SSHD’s policy and guidance. According to Mr Justice Supperstone, the SSHD was “plainly entitled” to reach the conclusions that it did. On this basis, the claim failed.  

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