PLT Masthead 430

Masthead Education - Schools

Asylum-seeking A-level student wins first round in battle over right to study

A teenager barred from studying by the Home Office because of her immigration status has won the first round of a legal challenge.

DPG Law said its client, identified only as BXB, had been preparing to take A-levels examinations when she received a letter from the Home Office stating that her reporting conditions as an asylum seeker had changed, and she was not allowed to study in the UK. 

The firm said the letter gave no reasons and no warning had been provided even though the exams were only a few weeks away.

DPG Law said: “Our client is the latest victim of a hitherto little-known part of the Home Office’s ‘hostile environment’ policy, which gives the Home Office the power to restrict students’ right to study.”

The High Court lifted the restrictions on BXB studying while the case continues and the Home Office is due to make an initial defence on 9 May. 

Partner Adam Hundt told Local Government Lawyer: “I am hearing anecdotally that [this problem] is affecting a lot of people, but I don’t have any idea of the numbers. 

“The grounds of challenge are that the policy is unlawful as it is procedurally unfair and disproportionately applied.”

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