New tier 4 case - revokation of license and 60 day period

[Greenie]

http://www.bailii.org/uk/cases/UKUT/IAC ... india.html

In cases where an educational provider has its licence withdrawn during the period between a student’s application for extension of leave as a Tier 4 (General) Student Migrant and the Secretary of State’s decision on the application, it is the Secretary of State's practice (as set out in applicable guidance) to limit a student’s existing leave to 60 days, if the student has extant leave of six months or more and if the student was not involved in the reasons why the education provider had its licence withdrawn. The guidance states that the leave of a student who has less than six months will not be limited. This guidance does not give rise to any legitimate expectation that the Secretary of State will grant a period of 60 days’ leave to any student whose original leave had expired by the date of the decision, so as to afford him an opportunity to register with an alternative education provider. It is not irrational or unreasonable for the Secretary of State to distinguish between students who lodge their applications for extension of their leave many months in advance of the expiry of their leave and those who do not.