R (on the application of London Metropolitan University) -v- Secretary of State for the Home Department

Permission was granted today, 21 September 2012, by Mr Justice Irwin in the Administrative Court for London Metropolitan University to bring judicial review proceedings against the Home Office in respect of the UK Border Agency's decision to revoke London Met's Tier 4 student immigation licence. In order to obtain permission it must be shown that there is an arguable case that warrants a full hearing. The grounds for the full judicial review which were allowed are two-fold: first, whether the UKBA failed to act with procedural fairness in bringing its concerns to the attention of London Met; and, secondly, whether the UKBA's Tier 4 guidance should have had Parliamentary approval. This latter argument is based on the Supreme Court's recent decision on 18 July this year in the case of R (on the application of Alvi) -v- Secretary of State for the Home Department 2012 UKSC33. An additional argument was made that the UKBA's decision was disproportionate but this was rejected. No order was made to restore London Met's Tier 4 licence pending the full judicial review hearing but an interim order was granted to protect certain categories of international student.

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