London Metropolitan University wins reprieve in student visa row London Metropolitan University supporters protest outside Downing Street over the decision to strip LMU of its right to admit students from outside the EEA. Photograph: Max Nash/PA A high court judge has ordered that more than 1,000 international students at London Metropolitan University should be allowed to start their courses on Monday pending the outcome of a legal battle over their future. But Mr Justice Irwin refused to quash the home secretary's decision to suspend the university's licence to sponsor overseas students saying that they should not be able to recruit a fresh wave of students in January until the matter has been settled legally. The judge granted permission for the university to launch a full-scale legal challenge to the revocation of its highly trusted status by the UK Border Agency (UKBA) to sponsor international students on 29 August. The decision left in limbo more than 2,000 overseas students who were studying or were about to start studying at the north London university. Irwin said he was moving to protect students from outside the European Economic Association area who were already in Britain and whose immigration status was in order. The temporary order covers more than 1,000 students who are already on LMU courses or are about to start as new students on Monday. The judge also moved to protect those who had in the meantime decided to transfer to other universities by ordering that they should not lose out financially as a result. Professor Malcolm Gillies, vice-chancellor of LMU, said the ruling was good for students who had been left confused by the UKBA's actions, adding: "It's an important issue and there are lessons for all to learn." The judge rejected legal arguments from the university's lawyers that the home secretary, Theresa May, had acted disproportionately, or was not justified in revoking its overseas students licence. But he did accept it was "just arguable" that she had acted unfairly in not allowing the university sufficient time to respond to UKBA concerns before suspending its licence. He also said a full legal hearing was needed to test the university's claim that the decision had been taken under guidance that had not been approved by parliament or referred to anywhere in the immigration rules. The university's counsel, Richard Gordon QC, said because of this, there was a strong prima facie case that the UKBA's decision was unlawful. The financial impact on the university, and on its reputation and good will, are enormous. The impact on students' education, financial position and the disruption to their lives is extremely significant," he said. But Lisa Giovannetti QC, for the Home Office, said it could not be suggested that LMU was not made aware what the concerns were as the university had been aware for "months and months" that its systems simply did not comply with sponsorship requirements. It was not suggested that LMU had deliberately breached the regulations, and it had made attempts to put things right, but had been unable to do that effectively, she told the judge. The Home Office has said that action was taken after it found that 26 students out of a sample of 101 were studying at LMU even though they did not have leave to remain in Britain. It also claimed that the lack of required monitoring meant there was no proof that students were turning up to lectures in 142 of 250 (57%) of those sampled. LMU rejected claims of systemic failings and said the revocation decision was based on a highly flawed UKBA report.