The King on the Application of Md Shahadat Hossain (Respondent) v Secretary of State for the Home Department (Appellant) (link)
Thursday 16 July 2026
The Appellant appeals against a decision of the Upper Tribunal dated 17 October 2025. The Secretary of State for the Home Department (SSHD) seeks to challenge the Tribunal’s order allowing a judicial review claim brought by the Respondent.
The case concerns a challenge to the Secretary of State’s refusal to grant the Respondent indefinite leave to remain despite a First-tier Tribunal finding that allegations of Educational Testing Service (ETS) deception had not been proved. The Upper Tribunal held that the Respondent should be treated as having accrued continuous lawful residence and therefore qualified for settlement under the 10-year rule.
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