Immigration Law Update: R (on the application of Han) v The Secretary of State for the Home Department [2014] EWHC 4606 (Admin)

R (on the application of Han) v The Secretary of State for the Home Department [2014] EWHC 4606 (Admin)

The C’s immigration advisors had sent her application for an extension of her Tier 4 General Migrant visa one day late. This meant that the C had to prove she had sufficient funds to cover her tuitions fees for the master’s degree as well as nine months rent instead of £1,600 for two months, had the application been submitted in time. As she could not demonstrate sufficient funds, her application was refused and she was not granted a right of appeal. Cranston J recognised that the C had been badly let down by her immigration advisors and that for an outsider the case was very much an application of technical rules. But for the reasons given by the Court of Appeal in,Miah v Secretary of State for the Home Department [2012] EWCA Civ 261 the application had to be dismissed as the technical rules are absolutely vital to the proper administration of immigration control.


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