New Study cap case law (R (Hasan) v Secretary of State for the Home Department [2019]

Recent interpretation by Court of Appeal in R (Hasan) v Secretary of State for the Home Department [2019] EWCA Civ 389) of Paragraph 245ZX(ha) of the Immigration Rules by the court of appeal (5-years cap rule for international students), as it was at the relevant time, concerns “the total period during which two conditions are satisfied”, namely, “the applicant is in the UK as a Tier 4 (General) Migrant (or Student)” and “he should be studying (in the sense of within the duration of) the course at degree level identified on his CAS”.

Therefore, total cap should be counted on the basis of granted leave and only basis for that CAS (in the sense of within the duration of CAS) for which leave is granted.

http://www.bailii.org/ew/cases/EWCA/Civ/2019/389.html