R (on the application of Tigere) v Secretary of State for Business, Innovation and Skills

United Kingdom

29.07.2015

Education

Denying student loan to person not deportable from UK violates right to education

The United Kingdom Supreme Court, while determining the availability of student loans for higher education to persons who were not lawfully resident in the UK, held that on a question of distribution of finite resources, the right test was not whether discrimination was “manifestly without reasonable foundation”. Instead, greater discretion lay with the decision-maker; however, as the Secretary of State had not considered the unique circumstances of the case, his decision could not be relied upon. The Court opined that though a bright-line rule remained appropriate, given the small number of persons within the ambit of the unique facts of the case, it would be administratively workable to allow exceptions to the rule. By a majority verdict of three-to-two, the Court determined denial of student loans to the Appellant would be in breach of her right to education under the European Convention on Human Rights.

Tags : United kingdom education student loan resident

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