Fact-finding TOEIC/ETS Judicial Review: Alam

Fact-finding TOEIC/ETS Judicial Review: Alam

CategoryNews Author Zane Malik QC Date

The Upper Tribunal dismisses the Judicial Review claim in Alam v Secretary of State for the Home Department challenging the Home Secretary’s decision to remove the Applicant from the United Kingdom on the ground that he had obtained leave to remain by relying on a fraudulent English language (TOEIC) certificate. The Upper Tribunal treated the issue of deception as an issue of precedent fact and heard oral evidence tested by cross-examination. The Upper Tribunal found that Queensway College, where the Applicant claimed to have taken the TOEIC test, was a “fraud factory” where “there was a significant amount of cheating” and “at which proxy tests were occurring”. The Upper Tribunal further concluded that the Applicant’s evidence contained “material gaps” and was “undermined” by “dramatic apparent improvement” between the two tests allegedly taken by him. In the end, the Upper Tribunal found that the Home Secretary has discharged the burden of proof on her and proved that the Applicant was involved in TOEIC fraud. The Upper Tribunal, accordingly, dismissed the Judicial Review claim and upheld the Home Secretary’s decision.

The Upper Tribunal’s judgment is available here.

Zane Malik appeared for the Home Secretary.


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