![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
United Kingdom Asylum and Immigration Tribunal |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> JJ and SS (Student; regular attendance; which course?) Gambia [2007] UKAIT 00050 (24 May 2007) URL: https://www.bailii.org/uk/cases/UKIAT/2007/00050.html Cite as: [2007] UKAIT 00050, [2007] UKAIT 50 |
[New search]
[Context]
[View without highlighting]
[Printable RTF version]
[Help]
JJ and SS (Student; regular attendance; which course?) Gambia [2007] UKAIT 00050
Date of hearing: 11 May 2007
Date Determination notified: 24 May 2007
JJ and SS |
APPELLANT |
and |
|
Secretary of State for the Home Department | RESPONDENT |
(1) A person seeking an extension of leave as a student must show under paragraph 60(iv) of HC 395 satisfactory evidence of regular attendance on a course for which he was last granted leave to enter or remain or, if appropriate, for which permission to transfer was subsequently given by the Secretary of State and which he has already begun or, alternatively where that is not possible, that he has already completed. He is not entitled to establish regular attendance by reference to a different course which he has undertaken without the Secretary of State's knowledge; (2) "regular attendance" may still be established despite some justifiable absences, for example on account of illness or, perhaps, because a student has to return home because of family or personal circumstances such as the death of a close relative.
"The Secretary of State is not satisfied that you can produce satisfactory evidence of regular attendance during a previous course of study.
Furthermore, the Secretary of State is not satisfied that you can show evidence of satisfactory progress in your previous course of study, including the taking and passing of any relevant examinations."
"In view of the fact that you withdrew from your previous study at the CEED Training Institute in July 2005 the Secretary of State is not satisfied that you can produce satisfactory evidence of regular attendance during a course for which you have been enrolled in the past.
Furthermore, in view of your success in only three from seven modules of that course, the Secretary of State is not satisfied that you can show evidence of satisfactory progress in your course of study."
"As regards paragraph 60, the fact that the First Appellant withdrew from the EDCL (sic) course, however, well-intentioned, means that he cannot show satisfactory evidence of regular attendance during any course which he has already begun. The requirements of the Rule are that he not only begins a course but also that he also completes it. The same Rules also require that he should show satisfactory progress in his course, meaning the course for which he obtained leave to remain as a student, including the taking and passing of any relevant examinations. Whilst a view may be taken from the consideration of the documentation supplied by the Educational Establishments which the First Appellant has attended that he is more than capable of making satisfactory progress and passing the necessary examinations, the fact remains that he did not do so in the case of his EDCL (sic) course…"
"60. The requirement for an extension of stay as a student are that the applicant: ….
(iv) can produce satisfactory evidence of regular attendance during any course which he has already begun; or any other course for which he has been enrolled in the past; and
(v) can show evidence of satisfactory progress in his course of study including the taking and passing of any relevant examinations; …"
….
62. An extension of stay as a student is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 60 is met."
"19. It seems to us, taking that as an underlying feature of the student rules read together, "his course of study" in paragraph 60(v) also focuses on the "course of study" for which leave to enter or remain was last granted. We see nothing unfair or surprising in requiring the applicant to show 'satisfactory progress' in that "course of study" rather than any other. Why should the individual's progress be assessed by reference to any other "course of study" when further leave is requested? It is the one for which leave was most recently granted or, if appropriate, for which a transfer was subsequently approved by the Secretary of State. Any previous course(s) of study will have been taken into account in earlier decision(s) to extend the individual's leave. It is the course of study which the individual either wishes to continue or, at least in leave terms, is the most immediate, against which it is most appropriate to assess progress. Indeed, we do not consider there to be any justification for an individual to obtain leave for a course of study and then switch to a less difficult one because it proves too difficult but claim, as is proposed in this case, 'satisfactory progress' in the lesser course. Usually such an individual will have shown, in reality, that the leave granted to undertake the more difficult course was in retrospect mistaken. "
"[i]n substance these two requirements are looking for satisfactory attendance and satisfactory progress respectively." (at [20])
Thus, there must be"attendance that is sufficiently often, habitual or frequent in order to meet the demands of undertaking and completing the particular course." (at [20])
"A student must attend every class or session he is required to attend by his educational establishment, except where attendance is not practicable e.g. due to illness. When judging whether a student has been in regular attendance, it is necessary to look at his record over the whole period under consideration. If it is generally satisfactory with only a short period of absence, further enquiries may not be necessary. If a student has not been in regular attendance he should be given an opportunity to explain the reason for his non-attendance and to provide evidence, such as a doctor's certificate in the case of illness. If the reason given is not satisfactory or the evidence is not forthcoming, refusal should be the normal course of action."
Decision
A GRUBB
SENIOR IMMIGRATION JUDGE
Date: