Zambian in UK illegally can get British student loan
And yes, it’s her ‘human right’
A ZAMBIAN woman who lived illegally in the UK for seven years has won the right to a taxpayerfunded student loan because of her ‘human right’ to an education.
Beaurish Tigere – who still only has temporary immigration status – can now borrow more than £50,000 after judges ruled she could not be ‘discriminated’ against.
The landmark case is expected to open the floodgates to claims from hundreds of other migrants who do not have indefinite leave to remain.
Such requests have so far been blocked by the Government as part of its tough stance on immigration. Yesterday, a panel of Supreme Court judges said Miss Tigere, 20, should be treated like other UK students because she had been living in the UK for so long.
They said she had an ‘ established private life’ which meant that under the European Convention on Human Rights it was unlikely she would ever be deported.
Leading the judgment, Lady Hale called on ministers to change student loan rules to avoid breaching the rights of other applicants in the future.
Miss Tigere, who lives in York, came to the UK in 2001 aged six as a legal dependent of her father on his student visa.
She was brought up by her mother after her father left the country in 2003.
Both mother and daughter then continued to stay in the country illegally for seven years until they applied for their
‘Fulfil their potential’
status to be formalised in 2010. They have been given discretionary leave to remain until 2018, when Miss Tigere can apply for indefinite leave.
Described by her lawyers as ‘hard-working’, the former head girl obtained seven GCSEs and four A-levels but was unable to go on to university after being refused a student loan.
To qualify for cash help, students must have been ‘lawfully ordinarily resident’ in the UK for three years before the start of the academic year.
Despite receiving several offers, including a business management course at Middlesex University, she was forced to work at Waitrose instead.
Miss Tigere lost an earlier battle at the Court of Appeal but it was overturned by the Supreme Court yesterday.
Lady Hale added: ‘ These young people will also find it hard to understand why they are allowed access to all the public services, including cash welfare benefits, but are denied access to this one benefit, which is a repayable loan.’ Although Miss Tigere was not present in court, around 40 youngsters in a similar position packed the public gallery to hear the decision.
Her solicitor, Paul Heron, of Public Interest Lawyers, said the ruling will allow Miss Tigere and others to ‘fulfil their potential’. Fiona Bawdon of the Let Us Learn group, which has campaigned on the issue, said she was delighted.
Labour MP David Lammy, who has backed the campaign, added: ‘They are asking for a loan, not a grant.
‘What we don’t want is them on the dole. What we want is them contributing to the economy.’