Court of Appeal judgment in ETS case of Qadir now available
This is the latest installment in the sorry ETS saga. For background see this series of blog posts. The Home Office actually conceded the appeal before the hearing, but the Court of Appeal gave judgment anyway because of the backlog of cases depending on the outcome.
The short version is that things have moved on since the Upper Tribunal’s determination in Qadir; new and different evidence is now being adduced and relied on by the Home Office in new cases. In the existing cases pending before the Court of Appeal, the Secretary of State is proposing to abandon the cases or to seek agreement that they be remitted to the Upper Tribunal.
Previous Counsel for the Secretary of State does not come out of the judgment terribly well, although direct criticism is muted.