High Court rejects challenge to Home Office student visa restrictions (12 August 2026)

The High Court has today handed down judgment in Sadat & Ors and Farah & Ors v SSHD, rejecting a legal challenge brought by a number of individuals including three Sudanese nationals represented by Duncan Lewis,  against the Home Secretary's decision to introduce a 'Visa Brake' restricting student visas for nationals of Sudan, Afghanistan, Cameroon and Myanmar.

The claim was ultimately unsuccessful. However, the Court found that three of the four grounds of challenge brought by Duncan Lewis' clients were arguable. The judgment acknowledges the significant impact the policy has had on students who had secured places at leading UK universities, with the Judge observing that the Home Secretary's decision had "dashed the hopes and expectations of some exemplary, public-spirited students who had succeeded in securing places at prestigious universities", and that "[b]eing prevented from taking up a place in higher education may have profound and lasting consequences for an individual's life chances."

Duncan Lewis represents three highly qualified Sudanese professionals, including two doctors and a pharmacist, who had received offers to undertake postgraduate study at the University of Oxford and University College London (UCL). The Visa Brake prevented them from applying for student visas to enter the UK and take up their places.

The claimants are now considering whether to appeal the High Court's judgment. Further updates will be provided in due course.

The judgment can be read here.

Duncan Lewis solicitor Manini Menon has previously said:

“Our clients are talented, high-achieving women who have secured admission to some of the top universities in the world. It is disappointing that they have been deprived of the opportunity to take up their offers of study solely on account of their nationality, without any assessment of the individual facts of their cases.”

The case has received significant media attention, including coverage by The Independent, highlighting the wider implications of the policy for international students and skilled professionals seeking to study in the UK.

Duncan Lewis continues to act for individuals seeking to challenge decisions where there are concerns that public bodies have acted unlawfully or failed to properly consider the circumstances of those affected.

Duncan Lewis is proud to support its clients in pursuing this important challenge and remains committed to protecting the rights of individuals affected by unlawful or discriminatory public decision-making.

The team at Duncan Lewis are Toufique Hossain, Manini Menon, Isabella Healey, Shanaya Weerakkody, and Susannah Eley. Instructed counsel are Tim Buley KC of Landmark Chambers, Grant Kynaston, of Blackstone Chambers, and Sophie Lucas of Garden Court Chambers. 

CrowdJustice

The claimants are seeking public support to help fund the next stages of this legal challenge through a CrowdJustice crowdfunding campaign.

Follow the link to support their campaign: www.crowdjustice.com/case/help-me-challenge-the-home-office-ban/

About Duncan Lewis Solicitors

Duncan Lewis is one of the UK’s leading legal aid providers, which is multi award-winning and renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the Modern Law Awards 2023, further establishing its credentials as one of the leading law firms in the UK.

The firm’s Immigration and Public Law team is particularly renowned for handling complex and high profile cases involving human rights and asylum seekers. With landmark successes in cases such as Brook House, the Rwanda Challenge, and Manston House, Duncan Lewis continues to provide unparalleled legal representation, ensuring justice for the most vulnerable.