[2023] UKUT 193 (AAC)

The best-presented version of the claimant’s grounds of appeal appears in his skeleton argument. To summarise, the claimant submits:

that “the phrase ‘reasonable steps’ should be interpreted in such a way as to take account of the personal circumstances and rationale of the individual; including any religious considerations undertaken in the course of such steps”. Further it should not “be read such that it is limited to the ‘mechanics,’ ‘nature and quality of the steps’ without any regard for how the circumstances of the applicant (including religious belief and observance thereof) impacted their decision;

that, if necessary, the phrase “reasonable steps” should be given a strained construction to avoid the discriminatory impact of the construction for which the Secretary of State contends; and

that the construction of the phrase “reasonable steps” for which he contends would not involve direct discrimination against those students who do not share his religious views about interest and, in particular, that it would not make him materially better off than such students.