Policy Statement – Interim Policy for handling cases following the Supreme Court ruling in the case of Tigere
16 September 2015
16 September 2015
The Department is giving full consideration to the Supreme Court’s ruling of 29 July 2015 (on the application of Tigere) (Appellant) v Secretary of State for Business, Innovation and Skills (respondent) 2015 UKSC57. The adoption of the policy set out below is an interim measure: it is entirely without prejudice to any future position on eligibility for student support that the Secretary of State may decide to adopt at a future date.
In that regard, the Department will soon be launching a public consultation to seek views on what regulatory changes may be required in light of the ruling.
As an interim policy measure, the Secretary of State intends to use an adaptation of the Immigration Rule 276ADE(1) (as proposed by Lord Hughes’s judgment in the Supreme Court’s ruling) when considering post-Tigere applications for exceptional student support.
The Department will consider these individual cases against the following criteria:
The Department plans to amend the Student Support Regulations during this academic year such amended regulation would supersede this interim policy.