Arogundade, R (on the application of) v Secretary of State for Business, Innovation and Skills [2013] EWCA Civ 823 (16 July 2013)

Arogundade, R (on the application of) v Secretary of State for Business, Innovation and Skills [2013] EWCA Civ 823 (16 July 2013)

Periods of unlawful residence cannot count towards the 'ordinary residence' requirement for student finance eligibility under the Education (Student Support) Regulations 2009; the requirement of lawful ordinary residence is cumulative to the requirement of a qualifying immigration status.

Citation
[2013] EWCA Civ 823
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 / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Student Finance Eligibility, Ordinary Residence, Unlawful Residence, Public Funding for Education, Statutory Interpretation
Administrative Law Education Law Immigration Law Student Finance Eligibility Ordinary Residence Unlawful Residence Public Funding for Education Statutory Interpretation

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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 / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether periods of unlawful residence can count towards 'ordinary residence' for student finance eligibility under the Education (Student Support) Regulations 2009
  2. 2 Whether the requirement of lawful ordinary residence is cumulative to immigration status requirements

Ratio Decidendi

Periods of unlawful residence cannot count towards the 'ordinary residence' requirement for student finance eligibility under the Education (Student Support) Regulations 2009; the requirement of lawful ordinary residence is cumulative to the requirement of a qualifying immigration status.

Court Disposition

Appeal dismissed

Orders

  • Application for judicial review dismissed
  • No order for student finance assistance to the Appellant