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06 SEP 2012

R (on the application of The College of Naturopathic Medicine Ltd (CNM)) v Secretary of State for the Home Department (Rev 1) [2012] EWHC 1851 (Admin)

Immigration - Highly trusted sponsor status - Immigration rules - Discretion

The Defendant's decision to refuse the Claimant highly trusted sponsor status was not irrational and it had been entitled to consider the rate of refusals of confirmations for acceptance of studies in making its decision.

5 July 2012

Administrative Court

Supperstone J

(1)        The Claimant, The College of Naturopathic Medicine, challenged the Defendant's decision to refuse it highly trusted sponsor (HTS) status under the Immigration Rules. The reasons given for the decision were that the refusal rate of the Claimant was higher than the required 20% and the Claimant had failed to comply with its responsibilities as to reporting migrant activity.

(2)        The Claimant's grounds for challenge were:

(a)        The Defendant failed to demonstrate any material harm to immigration control caused by the Claimant, and without this it was irrational to refuse HTS status;

(b)        The obligation to report non-enrolment of a student refused entry or leave to remain was an irrational basis for refusing HTS status.

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