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18 March 2016
Issue: 7691 / Categories: Case law , Law digest , In Court
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Immigration

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Secretary of State for the Home Department v Khan [2016] EWCA Civ 137, [2016] All ER (D) 75 (Mar)

The Court of Appeal allowed the secretary of state’s appeal regarding the respondent’s application to extend his leave to remain as a Tier 4 (general student) migrant. Where a sponsor college’s licence was revoked and a student then re-submitted his application for further leave to remain with a new confirmation of acceptance for studies from a new provider, that re-submitted application amounted to a variation of the purpose of his application for leave that fell within para 34E of the Immigration Rules. Therefore, the mandatory requirements of the Immigration Rules had to be met at the time of re-submission.

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