Quite an interesting case of Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134
The applicant had granted leave to study at College X. He studied both at College X and College Y. He failed his course at College X. His application for further leave to remain was refused on the basis that he was not abiding by his immigration conditions by studying at College Y.
Court of Appeal holds that the SSHD did not actually inform the Applicant in writing (as required by section 4(1) of the 1971 Act) that he was not allowed to study elsewhere, as in College Y. Neither the BRP nor the information leaflet that is provided with the visa card sufficed. Peter Jackson LJ even makes the point that this decision does not impose unreasonable demands on the SSHD, and it is for the SSHD to communicate a simple statement in writing of the relevant conditions, setting out what is allowed and what is not. Bhimani (Student: Switching Institution: Requirements) [2014] UKUT 00516 and R (Afzaal) v Secretary of State for the Home Department [2014] EWHC 2215 quashed! No doubt we will be seeing different letters of approval in due course!