According to a recent High Court decision, two university students deserved to lose their leave after a dawn raid by immigration officials revealed that they were working far in excess of the 20 hours per week permitted by their visas in term time. In Shah & Anor v Secretary of State for the Home Department [2022] EWHC 3033 (Admin) the claimants Mr. Shah and Mr. Anor unsuccessfully challenged the Home Office over losing their leave. Among other criticisms, the claimants argued that their answers had been misinterpreted, the interviewing officers were “very rude…it was very stressful and scary,” and that their employers had not been contacted prior to the cancellation of their leave.
The High Court dismissed all arguments, stating that the claimants had clearly answered the questions asked. Additionally, Mr. Shah had the assistance of an interpreter at the time, and Mr. Anor had said that he did not need one. The interview record had “no stark inconsistency” as it was indicative from Mr. Shah’s answers that he was working over the permitted 20 hours per week, and he later answered in the affirmative when questioned regarding whether he did.
Regarding the behaviour of the officials, it was found that there was nothing to suggest that they had acted either unlawfully or in a way that would make the admissions unreliable. Finally, the judge rejected their view that their employers should have been contacted, stating that there had been “no need” to do so before cancelling their leave. All in all, the judge found that the decision to cancel the claimants’ leave was lawful and properly made.
International students must continue to be aware of whether or not they are permitted to work and if so, keep track of their hours during term-time to ensure the limit is not exceeded. If they volunteer or undertake voluntary work, they should consult the Student guidance as it may count towards their permitted work hours.
By Tiffany