The following case was, for a direct access immigration barrister, a little unusual. I had been instructed by a student who had previously made an application for a Tier 4 Student Migrant visa. He had previously completed an introductory course and now wished to enrol on the full time degree course. There were no issues with finance or him being a genuine student. The only problem being that the previous application had been sent with bank statements that had not been translated. As a result, his application was refused and he was given a right of appeal. He then wished to return home for Christmas and sought to withdraw the application and to make a new application on the premium service.This application failed as the student had sought to use the same case for the previous application, even though he had not actually studied on the CAS.
I advised that a fresh application for a visa should be made and a new CAS obtained and an application for Administrative Review (“AR”) was lodged as a matter of urgency. The effect of lodging the application for AR was to ensure that his leave continued under s.3C. His college which had stopped him studying allowed him to re-commence his studies, having received approval from the UKVI.
What then happened was disturbing, the day after he had re-commenced his studies he was visited at home by Immigration Enforcement Officers. He told then what had happened, they carried out checks and left. Two hours later they returned and detained him on the basis that he had no outstanding application.
At this juncture a pre action letter was sent. This did not lead to his release. An application for judicial review was lodged along with an application for urgent consideration. The matter came before Singh J who recognising the gravity of the situation ordered the matter before him on the following working day. Tsols were provided with notice of the hearing but chose not to attend or even make representations.
Singh J having considered the papers and with his customary thoroughness, identified that what was really before him was an application for bail and that was all that was to be considered. Having put forward an appropriate surety and recognisance, the Judge granted bail. I am happy to report that the Home Office released my client within a couple of hours of being provided with the Court’s order.
This was a slightly unusual case. What it shows is that even where the HO have acted in a way which appears very unfair, there is still an avenue of redress to be had in the High Court. Should you or a family member be detained, pending removal or not and you would like advice on bail, judicial review or a claim for unlawful detention, please do not hesitate to get in contact with me as a matter of urgency.
Paul Turner is a highly regarded direct access immigration barrister practising from Mansfield Chambers, the Chambers of Michael Mansfield QC, 5 Chancery Lane, London, WC2A 1LG and a door tenant at 39 Park Square Leeds LS1 2NU and is licensed by the Bar Council to provide advice and representation directly to the public.