R (on the application of Behary) and another v Secretary of State for the Home Department

Immigration – Education. The Court of Appeal, Civil Division, in dismissing two linked appeals, considered the meaning of 'established presence' in para 14 of Appendix C of the Immigration Rules, in respect of two appellants who had been refused an extension to their Tier 4 student visas because they had applied the day after their previous leave had expired. The court held that the word 'current' in para 14 did not encompass 'recent' or 'latest', but referred to an existing state of affairs. It required the applicant concerned to have the relevant leave (or entry clearance) at the date on which he made his application for leave. If at the date of application that leave had expired, it was not current.

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