EK (Ivory Coast) v Secretary of State for the Home Department

Immigration – Leave to remain. The appellant had applied for leave to remain in the United Kingdom as a Tier 4 (General) Student Migrant, supported by a letter setting out a Confirmation of Acceptance for Studies (CAS), issued by a college. However, before the date of the Secretary of State's decision on the application, the college withdrew the CAS as a result of an administrative error. The appellant's application was refused. The Court of Appeal, Civil Division, in dismissing the appeal, held that the general public law duty to act fairly had not imposed an obligation on the Secretary of State, when she had seen that the CAS letter on which the appellant's application for leave to remain was based had been withdrawn, to adjourn any decision on the application to give the appellant notice of the problem and an opportunity to rectify it.

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