This case concerns the alleged tension between the Immigration Rules as they relate to graduate visas and the guidance. Benjamin appears on behalf of the Secretary of State. The Applicant was studying on a Masters of Science in Health Care Leadership but submitted her final assignment late after the course was due to end. She successfully completed the course one day after she had applied for the Graduate Visa.

The question of the Court is whether the Secretary of State should have assessed the situation as at the day of the application or on the day of consideration of the application.