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Summary of Upper Tribunal judgment on ETS challenge available

Summary of Upper Tribunal judgment on ETS challenge available

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.

Colin Yeo

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

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