Kaur v Secretary of State for the Home Department

Immigration – Leave to remain. The appellant Indian national had been refused leave to remain in the United Kingdom as a Tier 4 (General) Student, having previously studied in the UK with such leave. The First-tier Tribunal (Immigration and Asylum Chamber) and the Upper Tribunal (Immigration and Asylum Chamber) found that the confirmation of acceptance for studies (CAS) issued by the education institute and other evidence had not provided confirmation of 'academic progress' required by the Immigration Rules. The Court of Appeal, Civil Division, in dismissing the appeal, held, inter alia, that, on the evidence, and bearing in mind the expectation that the CAS should not be assigned unless the new course had represented academic progress, the institute had not confirmed that its course of further study had complemented the appellant's previous course at the same level.

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