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ETS procedural unfairness judicial review claim dismissed


Upper Tribunal Judge Allen handed down judgment today in R (Philip) v. Secretary of State for the Home Department, dismissing the Applicant’s claim for judicial review. Sian Reeves acted for the Secretary of State.

The Applicant challenged the Secretary of State’s decision curtailing her leave to remain in the UK as a Tier 2 General Migrant.  The curtailment decision was made pursuant to paragraph 323(ia) of the Immigration Rules, on the basis that the Applicant had procured a Test of English for International Communication (‘TOEIC’) certificate by fraud.   There was no right of appeal against the curtailment decision.

The Applicant challenged the curtailment decision on grounds that it was procedurally unfair, irrational and breached her rights under Article 8 of the ECHR.   UTJ Allen dismissed all three grounds.

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Sian Reeves

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