The Upper Tribunal allows the Judicial Review claim in Mir v Secretary of State for the Home Department challenging the Home Secretary’s decision to revoke the Applicant’s indefinite leave to remain on the ground that he had obtained that leave by relying on a fraudulent English language (TOEIC) certificate. The Upper Tribunal held that the Home Secretary’s decision was unlawful because, in revoking the Applicant’s indefinite leave to remain, she failed to exercise her statutory discretion and to act in accordance with her published policy. The Upper Tribunal also held that the Home Secretary acted unfairly in revoking the Applicant’s indefinite leave to remain without putting him on notice as to the allegation of fraud. The Upper Tribunal, accordingly, allowed the Judicial Review claim and quashed the Home Secretary’s decision.
The Upper Tribunal’s judgment is available here.
Zane Malik appeared for the successful Applicant.