Chowdhury (appellant) v Secretary of State for the Home Department (respondent)

Wednesday 18 December 2024

By appellant’s notice filed on 21 November 2023, the appellant appeals the order of the Upper Tribunal Immigration and Asylum Chamber dated 13 July 2023.

The appellant is a national of Bangladesh who entered the UK in October 2012 as a student. He made an in-country application for leave based on his human rights which was refused due to an alleged fraudulently obtained TOEIC certificate and with an out of country right of appeal. The appellant made a further human rights application which was refused in a decision dated 9 December 2021. The matter was heard in the First Tier Tribunal and the appeal was allowed. The Judge was satisfied that the appellant took the test himself and that he was proficient in the use of English.

The SSHD appealed this decision and the Upper Tribunal set aside the decision of the FtT finding that it erred in law.

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