Free Movement

Updates and commentary on immigration and asylum law

Updates and commentary on immigration and asylum law
You are here: Home / News / Summary of Upper Tribunal judgment on ETS challenge available

Summary of Upper Tribunal judgment on ETS challenge available

by

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

About Colin Yeo

A barrister specialising in UK immigration law at Garden Court Chambers in London, I have been practising in immigration law for 15 years. I am passionate about immigration law and founded and edit the Free Movement immigration law blog.

Disclaimer

The information and commentary on this blog is provided free of charge for information purposes only. The information and commentary does not, and is not intended to, amount to legal advice to any person. For specific legal advice please see the 'Contact' page.

We try to make sure information is accurate at the date it is published. Immigration law changes very rapidly, though. The older the blog post on this site, the more likely it is that there have been legal developments since it was published.

Views expressed in blog posts are those of the author only, not Garden Court Chambers as a whole.