Brick Court leads London Metropolitan University's JR bid
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Penningtons has instructed Brick Court Chambers’ Richard Gordon QC to represent London Metropolitan University in its battle with the government over its future.
Judith Farbey
The judicial review (JR) case is expected to be filed at the High Court this week. It is understood that Doughty Street’s Judith Farbey QC and Joe Middleton are being lined up as counsel for the student body.
The university is to challenge the UK Border Agency’s (UKBA) decision to revoke its “highly trusted” status, which left it unable to accept students from outside the EU.
Court papers are yet to be filed but any case is expected to be heard next week with the claimants currently considering how best to proceed. It is understood that the university will try to stay the UKBA ruling, which it says could affect up to 2,600 overseas students. They are facing deportation if they are unable to find another place to study in the UK.
It is not known whether the student body will intervene in the case or join as a claimant.
Sources close to the dispute said the university had wanted to instruct a heavyweight silk to lead the challenge.
Penningtons litigation partner Noel McMichael and immigration partners Nichola Carter and Pat Saini opted for Gordon who has built a career in public law.
Earlier this year he was instructed by Clifford Chance partner Luke Tolaini for tobacco company Philip Morris in its bid to bring JR proceedings over the plans to introduce a display ban on tobacco products. The case was eventually dropped (25 January 2012). He was also instructed by Eversheds partner Alison Oldfield for the Olympic Park Legacy Company after Tottenham Hotspur challenged its decision to hand the Olympic Stadium to West Ham Football Club after the Olympic Games (24 August 2011).
Gordon will lead Brick Court’s Maya Lester and Doughty Street’s David Lemer.
It is understood that the Treasury Solicitor is yet to confirm counsel for the UKBA.
Readers' comments (3)
Anonymous | 6-Sep-2012 0:24 am
Part of my work role is covering/assisting the International visa officer often when on leave as well as supporting the PBS compliance officer in reporting/montoring and checking visa forms for students in line with complex ever changing UKBA regs (making it up as they go along).
The early day motion EDM/2012-13/437 calling for amnesty for students for me does not address for the beleaguered staff & unions at the LMU and in the HE sector. They/we have been complaining for years to University's Executives about the lack of investment in staff resources for International student officers & UKBA Compliance and Monitoring procedures of overseas students. The response has been a 'sticking plaster' approach and hope it will do.
For the sake of 15 overseas students fees you can adequately fund this student support area. The Executive at LMU with their scrooge mentality ignored previous warnings. Universities Heads should roll, over all of this. The Governors should ask the VC and the members responsible on the Executive to look at thmeselves . Remember no one University can survive without overseas student fees to subsidise everyone else!!!
We need university’s to invest in International Student officers & UKBA Compliance and Monitoring procedures. Not employ now low paid, poorly trained staff who have inadequate resources who are often overworked and it would have made a difference if university's employed compliance officers (which many do not; we employed ours over 18 months ago and we reaping the benefits and passing UKBA audits).
We have to accept this to keep our licences, even though this 'type' of Points Based System is driving students away from UK's universites. Sadly, things can only get worse for London Met and other Universities service delivery for ALL students if VC's continue to have an Ostrich mentality with their privatisation and sharing of services programmes, especially in the area for International visa support for overseas students. Incidently, bad advice from the student union to students not to pay 'last years' fees to LMU (based on future of licence outcome) was not a good idea . This means students cannot get the Transcipts if they need to transfer anywhere (for a successful visa extension). What were they thinking off? Just hope LMUSU don't get sued.
OFF THE RECORD we has issued a number CAS's to ex-LMU students . This confirms that students have been given an unconditional offer of a place on a course of study with a licensed Tier 4 sponsor.
A valid CAS, score 30 points in the points assessment. However, this does not guarantee that applications will be successful - as students need to meet the other Tier 4 criteria.
We could be getting 100 to 300 ex- LMU students -more WORK for our understaffed team and note we have just made 90 people redundant through VR. any LMU legal action could be to late as many students have been issued with CAS'S from other university's. The tragedy is the criminalisation and the major disruption of studies of these genuine students which was beyong their control. London Met should concentrate on how to get their Licence renewed and for the students, in getting a refund or compensation they would have a better chance to take action under UK consumer protection law, especially if fees were paid by credit card, and the credit card company has payment protection. Otherwise they can refer the matter to their local authority Trading Standards Services or the Office of Fair Trading. Now the future looks bleak as LMU is now ripe for wholesale privatisation.
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Anonymous | 6-Sep-2012 10:47 am
Other comment on this matter here:
http://order-order.com/2012/09/05/london-met-visa-protest-backfires/
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Radar | 6-Sep-2012 11:03 am
It looks likes everyone is going to have their homework cut out for them.
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