10 July 2008
Obed v Secretary of State for the Home Department [2008] EWCA Civ 747 31, [2008] All ER (D) 03 (Jul)
The meaning of rule 60(v) of the Immigration Rules is that a student who wants an extension of stay must be able to produce evidence of satisfactory progress, whether on the course named in his application for entry clearance or on another recognised course which he or she has undertaken.
A failure to sit or to pass relevant examinations will always be material to the evaluation of the student’s progress, but whether it is decisive will depend on the reason for it. If the reason is not inconsistent with satisfactory progress, rule 60(v) is satisfied.
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