Source: All England Reporter
Publisher Citation: [2003] All ER (D) 333 (Feb)
Court: Administrative Court
Judge:

Maurice Kay LJ
Representation Ike Ehiribe (instructed by Abbott & Co) for the claimant.
  Andrew O'Connor (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 24 February 2003

Catchwords

Immigration - Entry - Refusal of leave to enter - Prospective student - Claimant not using entry clearance system in home country - Requirement on immigration officer at point of entry to conduct further inquiries of sponsor - Immigration Rules, para 57.

The Case

When presented with an application for leave to enter the United Kingdom as a student by a claimant who had not used the entry clearance system in his home country, there was no legal requirement that an immigration officer should conduct further inquiries of the prospective student's sponsor to determine the sponsor's ability to support the prospective student. Accordingly, although the immigration officer had erred in determining that certain of the requirements in para57 of the Immigration Rules had not been satisfied, he had been entitled, without further inquiry, to doubt that the claimant's sponsor could meet the claimant's maintenance costs for a two year course.

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