Hossain and others v Secretary of State for the Home Department

Immigration – Leave to remain. The single issue in the present proceedings was whether the language of the form specified for making an application for leave to remain as a Tier 1 (Post-Study Work) Migrant gave rise to a legitimate expectation that, notwithstanding the requirement in the Immigration Rules that 15 points were given where the application was made within 12 months of obtaining the relevant qualification, namely, after obtaining the qualification, in certain circumstances, the points would be given where the application was made after the successful completion of the degree course, but before the degree was, in fact, awarded. The Court of Appeal, Civil Division, held that, reading the language of the form in the context in which it was used, it did not generate such a legitimate expectation.

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