There is already evidence that the judgment in Kebede is beginning to have an impact. In reliance on Kebede, one claimant recently persuaded the London Borough of Barnet to pay a total of around £19,000 towards his place on a one-year foundation course in aeronautical engineering at the University of Brighton. The claimant’s immigration status had rendered him ineligible for a student loan and as such he could not have funded the place himself. But under threat of judicial review, LB Barnet agreed to pay out £10,500 by way of loan, £6,500 by way of grant, and £2,000 by way of higher education bursary. The terms of the settlement provided that if the claimant’s immigration status were to change such that he were entitled to claim student loans, he would be expected to repay to the LA such monies as he was able to claim for. It further provided that the claimant would be required to repay the loan, though not the grant, in the ordinary way after graduation.
However, in clear reference to the caveat in Kebede that immigration status is a relevant factor in determining educational need, the settlement also expressly stated that the claimant’s pathway plan will be reviewed every 6 months and that any changes in the claimant’s immigration status would be taken into account and might result in a change to the financial package.
The settlement represents an impressive outcome for the claimant and is evidence of the far-reaching effect of the Kebede judgment.