Syed, R (on the application of) v Secretary of State for the Home Department

Syed, R (on the application of) v Secretary of State for the Home Department

The ACCA professional level qualification is not a degree and does not qualify as a 'UK recognised bachelor or postgraduate degree' under the Immigration Rules for Tier 1 (Post-Study Work) Migrants. The Policy Guidance does not relax or widen the requirements of the Rules. Only degrees awarded by recognised bodies...

Source-derived case information.

Parties
Claimant: Raza Shahid Syed; Claimant: Kamran Ahmed; Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
26 April 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claims dismissed
Legal Topics
Points Based System, Tier 1 (post Study Work) Migrants, Recognition of Qualifications, Judicial Review
Immigration Law Administrative Law Points Based System Tier 1 (post Study Work) Migrants Recognition of Qualifications Judicial Review

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Summary, issues, holding and outcome

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Parties

Raza Shahid Syed

Claimant

Kamran Ahmed

Claimant

Secretary of State for the Home Department

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Does the ACCA professional level qualification qualify as a 'UK recognised bachelor or postgraduate degree' under the Immigration Rules for Tier 1 (Post-Study Work) Migrants?
  2. 2 Did the Home Office Policy Guidance relax or widen the requirements of the Immigration Rules to include the ACCA qualification?

Ratio Decidendi

The ACCA professional level qualification is not a degree and does not qualify as a 'UK recognised bachelor or postgraduate degree' under the Immigration Rules for Tier 1 (Post-Study Work) Migrants. The Policy Guidance does not relax or widen the requirements of the Rules. Only degrees awarded by recognised bodies with degree awarding powers suffice.

Court Disposition

Claims dismissed

Orders

  • Both claims for judicial review are dismissed.