R (on the application of EB) [2014] UKUT 00492 (IAC)

The A’s Tier 4 leave expired on 25 October 2010 and, on the basis of a further course offer, she had the opportunity to make a further application for an extension of student leave.  She was diverted from doing that by the SSHD inviting her some 5 months earlier on 27 May 2010 to make an application under the legacy programme, which the unrepresented A complied with.  That legacy invitation was wholly inappropriate in the A’s circumstances and inevitably led to a refusal. By that time the A had become an overstayer.  The court held the SSHD responsible for the consequences of her inappropriate action. Judicial Review granted.

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