Migrant Students In Scotland Win Equal Right To Free Tuition In Landmark Case
In a landmark decision, students from migrant families residing in Scotland will now enjoy the same right to free university tuition as their peers, thanks to a positive human rights ruling. The court of session in Edinburgh found that Ola Jasim, who hails from Iraq and has lived in Scotland for nine years, was denied free tuition fees by only 58 days, thereby breaching her human rights, according to legal experts. Maryhill Integration Network, a charity lobbying for access to higher education for refugee rights, expects this “life-changing” ruling to benefit hundreds of other migrant young people, opening doors of opportunities they had previously been denied. Jasim expressed satisfaction with the judgment, saying being denied the same treatment as her peers made her feel unwelcome and discriminated against in the country she considers her home.
An individual must be under 18 on the first day of their course, ordinarily resident in Scotland, and have lived in the UK for seven years to qualify for free tuition. Those aged between 18 and 25 require at least 20 years’ residence in the UK or to have lived in the country for at least half their lives. The court found the pressure of self-funding her studies had become “intolerable” for Jasim and her family. In his remarks, Lord Sandison stated that while Ola Jasim was amply qualified to pursue higher education, the financial implications of self-funding meant the chances of obtaining it would decrease, thereby depriving her of an excellent opportunity during the most advantageous stage in her life.
After performing significantly in science and maths at secondary school, Jasim is currently studying for a medical degree at Dundee University, a field associated with extra costs such as laboratory coats, a stethoscope worth more than £100 and textbooks that can cost £50 each. She said her financial challenges triggered stressful situations, causing guilt over the burden on her parents and missing out on student events and celebrations. Now, after the judgment, she feels relieved that her parent’s burden has been alleviated, and she can lead a remarkable university experience.
The decision to review Jasim’s case was initiated by human rights specialist, Andy Sirel of JustRight Scotland who maintains that this human rights case showcases the critical role of the Human Rights Act in the UK. The lawyer stated, “It demonstrates how the Human Rights Act – which the UK government intends to get rid of – can positively work in practice by helping young people who grew up in Scotland and want to contribute to the country they call home.” JustRight Scotland is urging the Scottish government to align with the court verdict to ensure fair and equal access to education for all its citizens. A spokeswoman stated that the administration would carefully consider the judgment, adding that university funding for students is critical to achieving educational success.
