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Success in ETS cases

Mohibullah v Secretary of State for the Home Department JR/2171/2015

Related Member(s):
Nick Armstrong
Related Practice Area(s):
Immigration, Asylum and Free Movement, Public Law
Court:

The President of the Upper Tribunal has quashed a decision of the Home Office in one of the key ETS language testing cases. There are many of these cases, arising out of alleged English language testing fraud for immigration purposes, conducted (for the most part) in 2014, and following an exposé by BBC’s Panorama. The case of Mohibullah concerned a specific aspect of the Home Office’s action in response to those allegations being made. It was not a case where an immigration removal or curtailment decision was taken. The Tribunal found that the Home Office bullied a college into withdrawing a student from his course, with the result that he was automatically curtailed with no right of appeal.

The Tribunal found that was unlawful in a number of ways, amounting to duress and manipulation of the system, and was an abuse of power.

There are to be further submissions on remedy following the quashing of the decision.

Nick Armstrong was involved in this case.