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R. (on the application of Khalil) v Secretary of State for the Home Department [2014] EWHC 1699 (Admin)

DATE: 08 May 2014

The claimant (K) was a Pakistani national who had entered the United Kingdom in 2010 with leave to remain as a tier-4 student until April 2012. He applied for judicial review of the secretary of state’s decision to refuse him further leave to remain. The secretary of state had refused K’s application on three separate occasions.

K appealed on the grounds that (1) the secretary of state had refused his first application wrongfully on the basis that his card details had been incorrect, and the burden of proof was on her to prove that they were not correct; (2) he had an in-country right of appeal when his second application was refused in Nov 2012; (3) his removal was contrary to the ECHR art.8 and protocol 1 art.2.

Application refused. (1) Although the burden was on the secretary of state to prove that the bank details were incorrect, she had also refused on the basis of a failure to provide an acceptance number, and the fact that K had switched colleges without permission, breaching a condition of leave to remain. (2) An in-country appeal was dependant on an applicant having leave to remain. K’s expired in April 2012. (3) Protocol 1 art.2 did not confer a right to study at a tertiary level.