R (on the application of Afzaal) v Secretary of State for the Home Department

Immigration – Leave to remain. The claimant, from Pakistan, obtained entry clearance as Tier 4 (General) student until May 2012 to undertake a course, which was subject to the condition, pursuant to s 3(1) of the Immigration Act 1977, prohibiting him from studying at an institution other than the sponsor body. The claimant left the sponsor body and completed his education at another institution. He was subsequently accepted onto a further study course at another institution, to commence July 2012, and applied for further leave to remain. The defendant Secretary of State refused his application and the claimant sought judicial review of the decision. The Administrative Court, in dismissing the application, held that the condition was valid and the claimant was plainly in breach of it. Further, the Secretary of State had not acted unfairly in refusing the application.

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