Grenville College London Ltd & Anor, R (On the Application Of) v The Secretary of State for the Home Department

Judgment

HHJ Coe QC :

Introduction

Grenville College London ("Grenville") seeks to challenge by way of judicial review the Defendant’s decisions: to reduce its Confirmation of Acceptance for Studies ("CAS") allocation to zero; to suspend its Highly Trusted Status ("HTS") licence; and to require it to apply for a new licence. Birmingham College of Law and Management ("Birmingham") seeks to challenge by way of judicial review the Defendant’s decisions: to suspend its HTS licence; and to revoke its HTS licence. By order of the court dated 3rd September 2013 the matters were listed to be heard together.

I have four bundles of documents: a bundle from Birmingham ("BB"); a bundle from Grenville ("GB"); a supplementary bundle ("SB"); and an authorities bundle ("AB").

Procedural history

Grenville launched its application for judicial review on 28 th June 2013 and the Defendant’s Acknowledgment of Service is dated 30th August 2013. Directions were made on 5th July 2013 and 17th July 2013 before permission was granted on 3rd September 2013 and the matter was listed to be heard with the Birmingham case.

Birmingham lodged its application for judicial review on 24th July 2013 when it was determined not to be immediate. Interim relief was refused on 1st August 2013 and directions given for urgency. Permission was refused on 15th August 2013 and then granted on 3rd September 2013 when the case was listed to be heard with the Grenville application. The Acknowledgement of service is dated 9th August 2013.

Background

Both Birmingham and Grenville colleges are educational providers who applied to be and were on the Register under Tier 4 of the Points Based System operated by the Defendant whereby the colleges could sponsor students to come to or stay in the UK to study full-time.

The Defendant issues policy guidance for the system. The guidance is updated from time to time and I am particularly concerned with the guidance issued on 1st July 2013 (SB p.238) and the guidance issued on 1st October 2013 (SB p.28).

The system for licensing educational institutions to sponsor students from outside the European Economic Area and the status of the Defendant’s policy guidance was considered by the Supreme Court in the case of R (on the application of New London College Limited ) v Secretary of State for the Home Department [2013] UKSC 51 (AB tab3). Lord Sumption said at paragraph 1 in that case: " The status of a licence sponsor is central to the operation of the points-