Malik Sohail Kamran v The Secretary of State for the Home Department

Under Immigration Rules (HC 395), Appendix A, paragraph 5, points for an academic qualification are available only where UK NARIC deems it to meet or exceed the relevant United Kingdom degree standard. The requirement applies to United Kingdom qualifications as well as overseas qualifications. Appendix A is a complete code and creates no separate assessment regime for domestic awards, save where it expressly provides one.

The Rules may lawfully use an accessible external source, such as UK NARIC, to establish compliance. Earlier leave granted under a different immigration route does not exempt an applicant from satisfying the Rules in force when the later application is decided, absent transitional provision.

The first appellant applied to extend his leave as a Tier 1 (General) Migrant. He relied on a Postgraduate Diploma in Management Studies issued by Birmingham International College to obtain attributes points and meet the English-language requirement. His wife’s appeal depended on his.

The Secretary of State refused the applications. The First-tier Tribunal, Immigration Judge Peart, dismissed the appeals because the qualification had not been deemed by UK NARIC to meet the recognised standard of a United Kingdom bachelor’s degree. The appellants obtained permission to appeal to the Upper Tribunal.

The central issue was whether UK NARIC could assess the equivalence of a qualification awarded by a United Kingdom institution, and whether prior leave under the International Graduate Scheme altered the applicable requirements.

1. Appeals dismissed. The First-tier Tribunal made no error of law. Its decision dismissing both appeals was to stand.

2. Paragraph 245C required the first appellant to obtain the prescribed attributes points. Under Appendix A, paragraph 5 of Immigration Rules (HC 395), an academic qualification attracted points only if UK NARIC deemed it to meet or exceed the recognised standard of a United Kingdom bachelor’s degree, master’s degree or PhD. The appellant required 30 points for his diploma but had not shown that UK NARIC had made the required assessment.

3. The argument that UK NARIC had no role because the qualification was awarded in the United Kingdom failed. The Tribunal followed AH (Pakistan) v Secretary of State for the Home Department [2010] EWCA Civ 1564. Appendix A did not confine paragraph 5 to overseas qualifications. It was a complete code, apart from its express provisions, and did not establish a distinct regime for United Kingdom qualifications.

4. The fact that the qualification had supported earlier leave under the International Graduate Scheme did not establish entitlement under the Tier 1 (General) route. Applying Odelola v Secretary of State for the Home Department [2009] UKHL 25, the applicable Rules were those in force at the decision date unless transitional provisions or contrary wording provided otherwise.

5. The further contention that reference to UK NARIC was unlawful was wholly without merit. Applying the reasoning in Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719, the Rules could permissibly rely on an accessible external source as evidence of compliance.

• Upper Tribunal (Immigration and Asylum Chamber): The appellants’ appeals were dismissed. The Tribunal held that the First-tier Tribunal had made no error of law and its dismissal was to stand.

• First-tier Tribunal: Immigration Judge Peart dismissed the appeals against refusal of leave to remain as a Tier 1 (General) Migrant and, consequentially, the dependant spouse’s appeal.