University of Oxford offer holders lose High Court challenge to ‘visa brake’

The policy prevents nationals from Sudan, Afghanistan, Cameroon and Myanmar from applying for student visas

13 seconds ago

May Thomson | News

A High Court judge has dismissed the legal challenge brought by seven students after the government’s ban on student visas from four countries.

In March, the government imposed a “visa brake” on Sudan, Afghanistan, Cameroon, and Myanmar following what they describe as “a surge in asylum claims from legal routes” and “visa abuse.”

This decision suspends student visa applications from these four countries for 18 months and estimated that this would stop 4,300 student visas being issued.

Claims brought by seven prospective students impacted by the “visa brake” were dismissed by a High Court judge, Mrs Justice Steyn.

Among the students hoping to overturn the measure were Razan Awad Fageer Farah and Rawan Raad Hassan Elrufai – both Sudanese doctors holding master’s offers from the University of Oxford. Dr Elrufai was offered a place on the International Health and Tropical Medicine MSc and Dr Farah was offered a place on the Applied Digital Health, with aims to “advance digital health in Sudan.”

The University of Oxford agreed to keep open their offers until this past Monday while they awaited an outcome from the legal challenge. Dr Elrufai’s Africa Oxford Initiative Mastercard scholarship offer was also placed on hold during this time.

Linda Leogah Forkwa was another claimant and Oxford offer-holder, who had been offered a place on a DPhil in Geography and the Environment.

‘[P]rofound and lasting consequences’

The students argued the decision was irrational and discriminatory, challenged the Home Office’s methology for the selection of these four countries, and questioned the failure to properly consider the impacts of the decision on women.

The judge concluded, however, that the Home Office’s reliance on the “Conversion Rate” (comparing the total number of student visas issued to nationals of a specific country against the total number of asylum claims subsequently linked to that same visa route over a certain time) was not irrational.

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While the high court judge recognised the impacted students as “exemplary, public-spirited students” and recognised the decision could have “profound and lasting consequences” for them, she also argued that the challenge involved a decision affecting immigration control and public interest – areas that the Home Secretary is constitutionally responsible for managing.

The judge ruled that the Secretary of State had acted lawfully. While granting leave for judicial review on the majority of the students’ grounds, the judge ultimately dismissed the claims in their entirety.

‘We deeply regret these circumstances’

The University of Oxford’s update on the policy read: “We deeply regret these circumstances, and fully recognise that this announcement will be distressing and upsetting for those affected.”

The UKCISA, a charity supporting international students, said: “International students make a significant academic, cultural and economic contribution to the UK, and it is important that they continue to feel valued and welcome in the UK.”

Featured image via Canva

May Thomson | News

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University of Oxford offer holders lose High Court challenge to ‘visa brake’

‘[P]rofound and lasting consequences’

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‘We deeply regret these circumstances’

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