Updates, commentary, training and advice on immigration and asylum law

Summary of Upper Tribunal judgment on ETS challenge available

THANKS FOR READING

Older content is locked

A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more

TAKE FREE MOVEMENT FURTHER

By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;

  • Single login for personal use
  • FREE downloads of Free Movement ebooks
  • Access to all Free Movement blog content
  • Access to all our online training materials
  • Access to our busy forums
  • Downloadable CPD certificates

Still no sign of the full judgment being available, just this summary and this press release from the solicitor. Summary of the summary:

8. Ultimately, the Tribunal has subjected all of the evidence to detailed and careful scrutiny. Having done so, it concludes that the Secretary of State has not discharged the legal burden of establishing that either Appellant procured his TOEIC certificate by dishonesty. The core of the Secretary of State’s case was that both Appellants had cheated. The Tribunal concludes that this accusation has not been proven to the requisite standard.

9. To quote from [92] of the judgment:

“The legal burden of proof falling on the Secretary of State has not been discharged. The Appellants are clear winners”.

Hopefully we’ll see the full judgment tomorrow. Looks like a very good result, well done Zane.

Relevant articles chosen for you
Picture of Colin Yeo

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.

Comments

3 responses

  1. Eagerly awaiting this. I understand Barrister Michael Biggs was also a lead co-counsel.