Court approves consent orders in cases involving alleged cheating in English language certificates – FTT to determine as a matter of fact whether in each case the appellant did cheat


Re: Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684

These three appeals were disposed of by consent, but the Court provided a judgment to explain the basis for those orders, in circumstances where a large number of cases were stayed behind them. The cases were all concerned with alleged English language testing fraud, and were about how the courts should deal with a particular cohort of cases in the wake of the December 2017 decision in Ahsan v SSHD. Essentially, the orders show that the Secretary of State will deal with post-Immigration Act 2014 cases the same way as he dealt with pre-2014 Act cases, and act to generate in-country rights of appeal, accompanied by attendant safeguards.

Nick Armstrong was involved in this case.