Immigration
Secretary of State for the Home Department v Akter and others [2022] EWCA Civ 741, [2022] All ER (D) 80 (May)
The Court of Appeal, Civil Division, allowed the Secretary of State’s appeal against a decision of the Upper Tribunal (Immigration and Asylum) (UT) to allow the Bangladeshi respondent’s appeal against the appellant’s decision to refuse her art 8 European Convention on Human Rights claim for leave to remain on the basis that, in order to extend her previous Tier 4 student visa, she had provided a Test of English for International Communication (TOEIC) certificate which had been obtained by a proxy. The UT had held that the First Tier Tribunal had failed to engage with the All-Party Parliamentary Group report on the TOEIC (the APPG report). The court held that the decision in DK and RK (ETS: SSHD evidence, proof) India [2022] All ER (D) 107 (Mar), which was not inconsistent with Alam v Secretary of State for the Home Department [2021] All ER (D) 79 (Oct), had authoritatively addressed the issue of the admissibility of the APPG report.
