Wednesday 1 November 2023
By Appellant’s Notice filed on 5 January 2023, the Appellant appeals the Order of the Upper Tribunal Immigration & Asylum Chamber dated 1 July 2022.
Second appeal. National of India. Cancellation of Leave To Remain (LTR) as a spouse. Had entered in 2006 as a visitor and later had student leave to December 2012. She married a British citizen in 2010 and then obtained LTR as a spouse in 2013. She returned briefly to India to visit her mother in January 2015 and, on her return in February was told her LTR was cancelled for reliance on a fraudulently obtained TOIEC certificate when applying for the spouse leave.
Both the FTT and UT dismissed the appeal. The UT , in a determination promulgated on 14th July 2022, found that the TOEIC fraud showed that the suitability requirements were not met and that R’s evidential duty was met.