Syed & Anor, R (on the application of) v Secretary of State for the Home Department
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE RICHARDS
- LORD JUSTICE PATTEN
- LADY JUSTICE GLOSTER
Areas of Law
- Immigration Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
This judgment addresses the qualifications necessary for leave to remain as Tier 1 Migrants under the Immigration Rules. The court held that ACCA professional qualifications do not count as a UK recognised bachelor or postgraduate degree. Furthermore, it found the role assigned to UK NARIC in assessing qualification equivalency to be lawful, supporting the Secretary of State's decisions in both the ACCA qualifications and the postgraduate diploma case.
Judgment
Lord Justice Richards :
These cases were listed for hearing together because they both raise issues concerning the qualifications necessary for the grant of leave to remain as a Tier 1 (General) Migrant or a Tier 1 (Post-Study Work) Migrant under the points based system in Part 6A of the Immigration Rules. The issues are, however, almost entirely distinct and the cases are best considered separately.
The issue in the case of Mr Syed and Mr Ahmed is whether professional qualifications obtained from the Association of Chartered Certified Accountants (“ACCA”) count as “a UK recognised bachelor or postgraduate degree” under the rules relating to Tier 1 (Post-Study Work) Migrants. In refusing the appellants’ applications for leave to remain, the Secretary of State took the view that ACCA qualifications did not count. The appellants brought judicial review challenges to that decision. Their claims were heard together by Holman J and were dismissed by him. Applications for permission to appeal against the judge’s order were listed before us on the basis of a “rolled-up” hearing, with the substantive appeals to follow immediately if permission was granted. In the event we heard full argument and I think that the right course is to grant permission and to consider the cases as substantive appeals.
The case of Mr Kamran concerns an application for leave to remain as Tier 1 (General) Migrant. The application relied on a Postgraduate Diploma in Management Studies (“the Diploma”) from Birmingham International College. It was refused on the ground that the Diploma had not been assessed by the National Recognition Information Centre for the United Kingdom (“UK NARIC”) to meet or exceed the recognised standard of a bachelor’s or master’s degree or a PhD in the United Kingdom as required by the rules. The main issue is whether the role given to UK NARIC under the rules is lawful. Mrs Gul is the wife of Mr Kamran and her application for leave to remain is dependent on his.
Save where otherwise indicated, references in this judgment to the rules and guidance are to the versions in force at the time material to the decisions under challenge.
The appeals of Mr Syed and Mr Ahmed: the status of ACCA professional qualifications
The rules
The Tier 1 (Post-Study Work) route was closed to new applicants from 6 April 2012 but the present issue is of relevance not only to the appellants but to numerous other individuals who applied before the change in the rules.
The