Updates, commentary, training and advice on immigration and asylum law

Students who switch courses


Older content is locked

A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more


By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;

  • Single login for personal use
  • FREE downloads of Free Movement ebooks
  • Access to all Free Movement blog content
  • Access to all our online training materials
  • Access to our busy forums
  • Downloadable CPD certificates

I’ve just come across another good case from the Court of Appeal that came out over the summer while I was away: the fantastically named GOO and Others [2008] EWCA Civ 747. It is yet another example of a long and tarnished line of tribunal case law being overturned.

I’ve decided to create a new category of posts to try and keep track of all these examples. It seems astounding that the Tribunal is so consistently wrong on controversial legal issues. Although, it must be said, there is one example of the Court of Appeal then itself being overturned by the House of Lords.

Anyway, the tribunal repeatedly held that a student admitted for one course of study could not, if turned down for a visa extension application, succeed on appeal if that student had subsequently started another course of study. This approach depended on a very narrow and highly technical construction of the immigration rules and it caused very unfair situations to develop, as the various factual backgrounds in the Oo and others case demonstrate. For example, students arriving in the UK to study one course who found that the college had closed down and who started and were succeeding on another course lost their appeals, as did students who had switched from one course to another for other perfectly legitimate reasons.

Well, the Court of Appeal has finally remedied that. As with the highly skilled migrants case, though, not before hundreds or maybe thousands of students lost their appeals because of the tribunal’s wilfully narrow, conservative approach.

Relevant articles chosen for you
Picture of Free Movement

Free Movement

The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.


4 Responses

  1. I just found this blog and found it rather interesting, as my first appeal had gone against the home office and the second hearing was adjourned by the judge as the home office forgot/lost the grounds and didn’t post them to me.

    I found the grounds actually at the day of the hearing and not being a law student or having a representative had no idea what Goo [2008] EWCA Civ 747 mean’t now I do.