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	England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Babu, R (on the application of) v Secretary of State for Home Department [2013] EWHC 825 (Admin) (01 February 2013) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2013/825.html Cite as: [2013] EWHC 825 (Admin)

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IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT

		Royal Courts of Justice Strand London WC2A 2LL
		1 February 2013

1. THE DEPUTY JUDGE: On 14 November 2007 Mr Babu entered the UK as a student. From time to time his leave was extended and the last extension was up to 30 April 2014. In late 2011, Mr Babu tells me from 26 October, he began to complain about the London Regal College where he was due to study. His complaint was that they were not providing courses for him. There was thereafter correspondence between Mr Babu and the UK Border Agency with further complaints about the College. That culminated on 12 April 2012 with the College confirming to the UK Border Agency that they had withdrawn sponsorship from him.
2. I approach the case on the basis that Mr Babu may be a wholly innocent party in the dispute between him and the College; it does not make a difference to what happened thereafter. He has his Visa to attend as a student. He was no longer a student at that College. The Border Agency did what they had to do and that was to send him a letter on 24 April curtailing his leave to 23 June 2012, thereby giving him the standard 60 days to find a new sponsor.
3. On 22 June Mr Babu started this judicial review claim. That effectively gave him far longer than 60 days to find a new sponsor, and it is now just over nine months since his leave was curtailed. He still has no sponsor. On 20 September 2012, permission was refused by Blake J, setting out his reasons clearly. Mr Babu renewed his application to this oral hearing.
4. Meanwhile, the College has apparently obtained judgment against him for £12,867 and permission to appeal has been refused. I make it clear that that is not part of this judicial review, nor could it be. If Mr Babu has any proper complaint about that he has to pursue his rights of appeal against that judgment.
5. The matter was listed for today. On 25 January Mr Babu asked for an adjournment to instruct a lawyer, saying that he has become ill both physically and mentally. Since no medical evidence was submitted and he had had many months notice of this hearing, the application was refused on paper. He has appeared today with a fresh bundle of documents and has argued his case with vigour. But it seems to me the position is absolutely clear. The leave was lawfully curtailed. He had permission to be in the UK as a student. He was no longer a student. There is no doubt about that, whatever led to his ceasing to be a student at that College. He was given 60 days on standard terms to find a new college and this court will not, save in the most exceptional circumstances, interfere or extend time. It does not matter if it was the claimant's fault or the College's fault; he needs a sponsor to remain as a student and he has none.
6. If he feels he has any other basis for remaining in the UK he can of course make a fresh application in the usual way and that no doubt will be determined by the UKBA. But that, again, does not arise here and it is not for me to look to see whether there should be some sympathy exercised towards him. In my judgment, the complaints that he makes about the decision are wholly unfounded, wholly unarguable, and I refuse permission to apply for judicial review.
7. MR ORMONDROYD: My Lord, there is the matter of costs.
8. THE DEPUTY JUDGE: Yes. £250 was ordered subject to renewal.
9. MR ORMONDROYD: It was, my Lord, but the full claim was for £320. I just repeat that request but acknowledging that more than £250 may be unrealistic.
10. THE DEPUTY JUDGE: Whether you will get it at all I do not know, but I will confirm that order to pay £250 costs. Mr Babu, there we are.
11. THE CLAIMANT: Yes my Lord: