R (on the application of St Mary Magdalene Academy) v Secretary of State for The Home Department

Immigration – Education. The claimant, a Church of England state funded mainstream school, sought judicial review of the defendant Secretary of State's decision, rejecting its application for a Tier 4 sponsor licence, in accordance with her guidance. The Administrative Court, in allowing the application, held that the guidance was not unlawful on the basis that it had introduced a rule beyond those contained in the Immigration Rules which had not been approved by Parliament. However, the Secretary of State had failed to address the application of her policy to the particular circumstances of the claimant's case with the flexibility, fairness and good sense that the law required of her.

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