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London Metropolitan University in court over visa block London Metropolitan University calls for "fairness" over visa block
(35 minutes later)
London Metropolitan University is urging judges to suspend a ban on its recruitment of overseas students.London Metropolitan University is urging judges to suspend a ban on its recruitment of overseas students.
Last month the UK Border Agency took away the university's right to sponsor students for UK visas.Last month the UK Border Agency took away the university's right to sponsor students for UK visas.
It said the university was not making proper checks on students; the university denies this.It said the university was not making proper checks on students; the university denies this.
Lawyers for the university told London's High Court fairness meant the ban should be lifted while they sought a judicial review. Lawyers for the university told London's High Court the ban should be lifted in the interest of fairness, while they sought a judicial review.
About 2,600 people registered as international students at the university have to find alternative degree courses by the start of December - and face being deported if they do not. About 2,600 people registered as international students at the university have to find alternative courses by the start of December - and face being deported if they do not.
The university says the decision could cost it up to £30m a year. The UK Border Agency is cracking down on alleged abuse of the student visa system and London Met is the first university to lose its right to sponsor students from outside of the European Union for their visas.
Last week the government pledged £2m to help the students. It said the university had failed to address "serious failings" in its system which had been identified more than six months ago.
Richard Gordon QC, for London Met, said there was a strong prima facie case that the UKBA's decision was unlawful and the balance of convenience favoured the granting of a temporary injunction - given the impact of the decision on the university and its students. 'Fairness'
"The financial impact on the university, and on its reputation and good will, are enormous. The impact on students' education, financial position and the disruption to their lives is extremely significant," he said. At the High Court in London, Mr Justice Irwin heard a call from the university's lawyers for the ban to be suspended while they seek a legal ruling known as a judicial review, with the aim of over-turning the decision.
This would mean the affected students could continue on their courses, temporarily at least.
Richard Gordon, for London Met, told the court the issue "came down to fairness".
He said there was a strong case that the UKBA's decision was unlawful and a temporary injunction should be granted, given the impact of the decision on the university and its students.
"The financial impact on the university, and on its reputation and good will, are enormous," he said.
"The impact on students' education, financial position and the disruption to their lives is extremely significant," he said.
The university says the decision could cost it up to £30m a year. Students from outside of the European Union can pay tuition fees sometimes twice as high as those paid by UK or EU students.
In legal discussions before formal evidence was given, Mr Justice Irwin told the court the interests of the students needed to be taken in to account.In legal discussions before formal evidence was given, Mr Justice Irwin told the court the interests of the students needed to be taken in to account.
And referring to students whose visa status was in order, he said: "I would be interested in respect of such students whether a concession could be made".And referring to students whose visa status was in order, he said: "I would be interested in respect of such students whether a concession could be made".
That was not a legal ruling however and one may not come today.That was not a legal ruling however and one may not come today.
Half a day has been set aside for the hearing.
The UK Border Agency (UKBA) took away the university's "highly trusted status" - meaning it can no longer recruit students from outside the European Union - in a crackdown on alleged abuse of the student visa system.The UK Border Agency (UKBA) took away the university's "highly trusted status" - meaning it can no longer recruit students from outside the European Union - in a crackdown on alleged abuse of the student visa system.
Overseas students staying more than a year count in the migration figures and the government has pledged to cut net migration to "tens of thousands".Overseas students staying more than a year count in the migration figures and the government has pledged to cut net migration to "tens of thousands".
'Huge implications''Huge implications'
The agency said the university had failed to address "serious failings" in its system which had been identified more than six months ago. The UK Border Agency has insisted the decision to revoke the sponsor licence was correct. Lawyers for the Home Office have just begun giving evidence at the High Court.
Previously, officials have said the university had failed to address "serious failings" in its system.
In a sample of 101 students, it said, more than a quarter had no permission to be in the UK, while separate checks showed there was no proper evidence that some students spoke good enough English to be given a student visa.In a sample of 101 students, it said, more than a quarter had no permission to be in the UK, while separate checks showed there was no proper evidence that some students spoke good enough English to be given a student visa.
Criticism was also made of the university's attendance checks.Criticism was also made of the university's attendance checks.
The London Met vice-chancellor Professor Malcolm Gillies has rejected the claims, saying there was no evidence of systemic failings and that the decision to take away the university's "highly trusted status" was based on "a highly flawed report by the UKBA".The London Met vice-chancellor Professor Malcolm Gillies has rejected the claims, saying there was no evidence of systemic failings and that the decision to take away the university's "highly trusted status" was based on "a highly flawed report by the UKBA".
The National Union of Students has asked to give evidence at the High Court, saying the case has huge implications for international students in the UK and others thinking about coming to Britain to study.The National Union of Students has asked to give evidence at the High Court, saying the case has huge implications for international students in the UK and others thinking about coming to Britain to study.
The UK Border Agency has insisted the decision to revoke the sponsor licence was correct. Last week the government pledged £2m to help the students. A "task force" has been set up to help them find alternative courses.
Genuine students have 60 days to make a new application or to arrange to leave the UK, but the countdown starts when UKBA writes to them and no letters will be sent out until October 1.