Hafeez, R (on the application of) v Secretary of State for the Home Department

Judgment

Mr Justice Green :

Introduction

The Claimant challenges various decisions of the Secretary of State for the Home Department (“SSHD”) to refuse the Claimant’s application for leave to remain as a Tier 1 (Post-Study Work) Migrant. This judgment, in addition to addressing the merits of the claim, focuses also upon the circumstances when a court should, when construing a decision containing typographic or transcription or other obvious errors read the Decision in a way which ignores those errors and focuses upon pith and substance not form. Further, it addresses the circumstances when a court should refuse to entertain arguments because they represent an abuse of process.

The Facts

The Claimant is a national of Pakistan born on 14 th May 1979. He was granted leave to enter the United Kingdom as a student on 24 th April 2005 with permission to remain until 31 st August 2006. Leave to remain was thereafter extended periodically, the last extension being due to expire on 18 th May 2011.

At some point prior to expiry of his leave to remain he applied to City of London College to undertake an MBA under the auspices of the University of Wales, as the degree awarding body. The course commenced on 9 th May 2011, and formally completed on 26 th January 2012.

On 11 th May 2011 the Claimant sought further leave to remain as a Tier 4 (General) Student migrant in order to undertake the MBA. His leave to remain, which had been due to expire on 18 th May, was extended under section 3C of the Immigration Act 1971 pending the determination of the application. This application was refused on 22 nd July 2011 (“the 2011 Decision”) upon the basis that under the Points Based System (“PBS”) in the Immigration Rules (“IR”) he had claimed 30 points for his “Confirmation of Acceptance for Studies” (“CAS”). However the Defendant concluded that she was not satisfied that he was competent in the English language at the required minimum level or that he met alternative requirements. The reasons included the following:

“You are a national of Pakistan which is not a majority English-speaking country as defined in Appendix A of the Immigration Rules. You have not obtained an academic qualification at least equivalent to a UK Bachelors Degree taught in a majority English-speaking country as defined in Appendix A of the Immigration Rules. You did not complete a course of study in the United Kingdom for which you were granted permission to stay as a Tier 4 (Child) Student Migran