Penningtons partner quoted in Times Higher Education
Nichola Carter, head of Penningtons Solicitors LLP’s immigration team, was quoted in Times Higher Education on 26 July, commenting on the immigration implications for private colleges and international students of a ruling by the Supreme Court.
On 18 July the Supreme Court ruled that the decision in 2009 to deny a visa extension to former student Hussain Zulfiquar Alvi, allowing him to continue working in the UK, was unlawful because it was based on UK Border Agency guidance, rather than being written into the official immigration rules which go before Parliament, as required by the 1971 Immigration Act. Nichola highlighted that this landmark decision could potentially result in a flood of appeals from individuals who have been negatively affected by changes to visa rules which are ‘guidance based’ only and therefore not subject to parliamentary consideration. She also argued that private colleges are among those that could seek compensation following more than 450 UK institutions being prevented from accepting foreign students in 2011.
The Government responded quickly by incorporating the guidance in question into the immigration rules and laying it before Parliament the day after the Supreme Court’s ruling. The new rules became effective on 20 July 2012.
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Contact: Nichola Carter
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