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Ivory Coast Case Study

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Student registration number: 150162276
CASE NAME AND CITATION
EK (Ivory Coast) v The Secretary of State for the Home Department [2014] EWCA Civ 1517
COURT AND JUDGES
Court of Appeal (Civil Division): Lord Justice Sales, Lord Justice Floyd, Lord Justice Briggs
PARTIES
Appellant: EK (Ivory Coast)
Respondent: The Secretary of State for the Home Department
MATERIAL FACTS
The appellant was a student from the Ivory Coast coming to the United Kingdom with the intention of studying the diploma, however, she could not complete the course because her college lost its sponsorship and its authorisation to issue Confirmation of Acceptance for Studies(CAS) under the points based system(PBS).
The appellant enrolled with St Stephen’s and she made an application …show more content…

There was a strong public interest for the PBS, however, he said, "the public interest is not so overreaching as to squeeze out the duty of fairness" therefore he reached a different conlusion (Floyd para 44). Floyd LJ distinguished this case and previously cases Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2 and Alam v Secretary of State for the Home Department [2012] EWCA Civ 960. In these two cases, applicants had simply failed to provide the documents. In the case of Alam, Sullivan LJ distinguished the case of Patel. The Secretary was aware the changed circumstances but the applicant was not and did not have a responsibility. Because of those reason, the duty to act fairly required the Secretary to provide Patel with an opportunity and a reasonable time to correct his application (Floyd LJ para 45). In the case of Thakur, the Secretary of State had initiated the action for withdrawal of the licence. The applicant did not been given an opportunity to address the changed circumstances (Floyd LJ para 48). Floyd LJ mentioned that the principle must be that should be aware of a material change of circumstances and she must give an opportunity to the applicant to deal with the change. This principle would work efficiently and fairly under the PBS (Floyd LJ para 49). In the present case, the Secretary of State was not aware of the reason for the withdrawal of the CAS, however, the circumstance was clearly changed. Floyd LJ considered the it was unlawful that the applicant had not been given an opportunity to investigate or explain the problem (Floyd LJ para 51). For these reason, Floyd LJ allowed the appeal (Floyd LJ para

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