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In a decision dated 3 November 2017 the Upper Tribunal found a material error of law in the decision of the First-tier Tribunal promulgated on 29 th of March 2017 which allowed the appellants appeal.
Case management directions were given following which there has been the release by ETS of the voice recording taken during the course of the English language test attributed to Mr Feng.
In accordance with directions, the appellant's solicitors confirmed in a letter dated 16 March 2018 that the voice on the recording was not that of Mr Feng.
The matter comes before the Upper Tribunal for a Resumed hearing after which this tribunal shall substitute a decision to either allow or dismiss the appeal.
The appellants are a married couple, citizens of China. The second appellant is dependent upon the appeal of her husband Mr Feng. Mr Feng applied for indefinite leave to remain in the United Kingdom on 6 February 2014 under the Work Permit route but was refused pursuant to paragraphs 322(2) and (5), and paragraphs 134 (vi) and (vii) of the Immigration Rules. The sole issue between the parties before the First-tier Tribunal related to the ETS TOEIC certificate obtained by Mr Feng; the result of which has been declared invalid by ETS.
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