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The appellant in this case is the Secretary of State and the respondent is Mr Mamindla. However for the purposes of this decision I shall refer to the parties as they were before the First-tier Tribunal where Mr Mamindla was the appellant.
The Secretary of State in the IS151A asserted under the "Specific Statement of Reasons" that the appellant was considered as a person who had sought leave to remain in the United Kingdom by deception and specifically that he had submitted a TOEIC certificate from the Educational Testing Service (ETS) to the Home Office for the purposes of his application dated 26 November 2013. It was asserted that the appellant's scores from the test taken on 18 th April 2012 at Sevenoaks College had been cancelled by ETS.
The appellant appealed. The appellant (after an unsuccessful judicial review) made an out of country appeal against a decision to remove. In a decision promulgated on 6 September 2016 following an oral hearing on 19 August 2016, Judge of the First-tier Tribunal S D Rodger allowed the appellant's appeal.
Mr Armstrong for the Secretary of State relied on the grounds for permission to appeal. Mr Armstrong relied on:
(1) Court of Appeal decision in Secretary of State v Muhammad Shehzad and Md Chowdhury [2016] EWCA Civ 615 ;
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