- School's in!
https://www.theguardian.com/uk-news/201 ... ish-tigereSchool-leaver overturns immigration-related blanket ban on student loan
Supreme court decision in favour of Beaurish Tigere, 20, could pave way for hundreds of other young people settled in UK to fund higher education
http://researchbriefings.parliament.uk/ ... y/CBP-7421... treatment of students with DLR has been challenged in court in the Tigere case and in July 2015 the Supreme Court ruled that excluding students with DLR from student support was unlawful and breached the European Convention on Human Rights.
In response to the Tigere judgement, on 16 September 2015, the Student Loans Company issued an interim policy for the handling of student support applications from students with limited and discretionary leave to remain.
The government is now considering how to respond to this ruling and launched a consultation a New Eligibility Category for Higher Education Student Support which proposed creating a new category of student for student support purposes - students with long term residency in the UK. The consultation closed on 8 January 2016 and the government will respond in due course. The Government also intends to publish an Equality Assessment of the proposals and aims to bring in new regulations for the academic year 2016/17.
SeeExecutive Summary
1. On 29 July 2015 the Supreme Court issued its judgment in the case of Beaurish Tigere.
The Court ruled that it would be unlawful to refuse Ms Tigere a student loan solely on the basis that she did not satisfy the settlement criterion, given her personal circumstances (she had entered the country as a child, had been schooled here and had family here). It ruled that the requirement that Ms Tigere be settled in the UK in order to be eligible for student support breached her rights under Article 14 (discrimination) read with Article 2 of Protocol 1 (access to education) of the European Convention of Human Rights.
The effect of the Court’s judgment is to require the Secretary of State to consider adopting revised criteria for eligibility for student support which would avoid breaching the Convention rights of other similar applicants. The Court upheld the requirement of three years ordinary lawful residence that all individuals, with minor exceptions, must meet in order to be eligible for support. It did not rule that settlement could not be a criterion in cases other than those such as Ms Tigere’s.
2. The Secretary of State has given careful consideration to the judgment and has considered a number of options to address it
https://www.gov.uk/government/uploads/s ... tation.pdf