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The Education (Student Support) (Wales) Regulations 2018

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Refugees who cease to have leave to remain

22.—(1) This regulation applies where—

(a)a person (“P”) was a Category 2 eligible student (see Schedule 2) in connection with an application for support—

(i)for an earlier year of the present course,

(ii)for a full-time course in relation to which the present course is a full-time end-on course, or

(iii)for a course from which P’s status as an eligible student has been transferred to the present course under regulation 28 or paragraph 7 of Schedule 5, and

(b)as at the end of the day before the first day of the academic year in respect of which P is applying for support, the refugee status of—

(i)P, or

(ii)the person whose status as a refugee meant that P was a Category 2 eligible student,

has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002)(1).

(2) Where this regulation applies, P’s status as an eligible student terminates immediately before the first day of the academic year in respect of which P is applying for support.

(3) In this regulation, “refugee” has the meaning given by paragraph 11 of Schedule 2.

(1)

2002 c.41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 (c. 19), Schedules 2 and 4, the Immigration, Asylum and Nationality Act 2006 (c. 13), section 9, S.I. 2010/21, the Immigration Act 2014 (c. 22), Schedule 9.

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