8/9/2019 Early Day Motion calls on UK Government to scrap new
Tier 4 student visa rules
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Early Day Motion calls on UK Government
to scrap new Tier 4 student visa rules
This post was written by Charles Kelly on June 10, 2010
Posted Under:News
A cross party group of MPs have signed an Early Day Motion (EDM)
calling on the UK
Government to abolish flawed and rushed legislation brought in
by the previous
administration requiring overseas students wishing to study
English in Britain to first pass an
English test.
The group of 14 Members of Parliament, including Lib Dems,
Labour, Green Party andConservative members, said the rules would
deter 100,000 overseas students from studying in
the UK.
English UK, a body representing English Language Schools,
estimates the changes brought in
March 2010, just before the General Election, could lose the UK
economy up to 1.4 billionand put 3400 people out of work.
On 22 March English UK lodged a legal challenge in the form of a
Judicial Review to force
the government to rescind the rules described as barmy on its
website.
English UK Solicitors, Penningtons said:
The application for judicial review was issued on 22 March 2010.
Just two days later,Collins J took the unusual step of granting
permission before the Secretary of State had filed
an acknowledgement of service or summary grounds of defence. The
order granting
permission was made in unusually forthright terms, with the
judge stating: It is difficult tosee how the extension of the level
of English to those who come to study English can
reasonably be justified. Although permission was stayed to allow
the respondent to argue
why it should not have been granted, the Secretary of State has
now confirmed that
permission is not opposed.
They added:
The claim is brought on a number of grounds. English UK are
arguing that the provision inthe Immigration Rules (para. 120(a) of
Appendix A) which allows the UKBA to set
minimum academic standards for Tier 4 students in sponsor
guidance, as opposed to in theRules themselves, is unlawful.
The judge, Collins J noted, when granting permission:
The use of guidance in circumstances where its effect is to
render entry for students more
difficult is arguably a misuse of the powers contained in the
1971 Act.
English UK is represented by Nichola Carter, a partner in
Penningtons Solicitors LLPs
immigration team and by Judith Farbey and Joe Middleton at
Doughty St Chambers.Commenting on the case, Nichola Carter
said:
