Arogundade, R (on the application of) v Secretary of State for Business, Innovation and Skills

Arogundade, R (on the application of) v Secretary of State for Business, Innovation and Skills

Periods of unlawful residence cannot count towards 'ordinary residence' for purposes of eligibility for student support under the Education (Student Support) Regulations 2009; the requirement for lawful immigration status and ordinary residence are cumulative, and the settled meaning of 'ordinary residence' imports a requirement of lawfulness.

Parties
Claimant/appellant: Temilola Arogundade by her fiancé and litigation friend, Trevor André James; Defendant/respondent: Secretary of State for Business, Innovation and Skills
Jurisdiction
England and Wales
Judgment Date
16 July 2013
Procedural Posture
Judicial Review / Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Student Support Regulations, Ordinary Residence, Public Funds Eligibility, Lawful Residence Requirement
Administrative Law Education Law Immigration Law Student Support Regulations Ordinary Residence Public Funds Eligibility Lawful Residence Requirement

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Parties

Temilola Arogundade by her fiancé and litigation friend, Trevor André James

Claimant/appellant

Secretary of State for Business, Innovation and Skills

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From High Court Decision

Legal Issues

  1. 1 Whether periods of unlawful residence can count towards 'ordinary residence' for student support eligibility
  2. 2 Interpretation of 'ordinary residence' under Education (Student Support) Regulations 2009

Ratio Decidendi

Periods of unlawful residence cannot count towards 'ordinary residence' for purposes of eligibility for student support under the Education (Student Support) Regulations 2009; the requirement for lawful immigration status and ordinary residence are cumulative, and the settled meaning of 'ordinary residence' imports a requirement of lawfulness.

Court Disposition

Appeal dismissed

Orders

  • Application for judicial review dismissed
  • No entitlement to student support based on periods of unlawful residence