10 October 2014
R (on the application of Tigere) v Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1216, [2014] All ER (D) 85 (Sep)
The claimant, who had discretionary leave to remain in the United Kingdom, was ineligible for a student loan as a result of her immigration status. The Court of Appeal, Civil Division, in allowing the defendant Secretary of State’s appeal, found that the defendant Secretary of State had adopted a lawful bright line rule in formulating the “basic category” of eligible students given in para 2 of pt 2 of Sch 1 to the Education (Student Support) Regulations 2011.
