IA269752015

The appellant appeals with permission against a decision of First-tier Tribunal Judge Broe promulgated on 20 September 2017 in which the Judge dismissed the appellant's appeal.

The appellant is a citizen of Pakistan born on 23 September 1988. The appellant entered the United Kingdom lawfully on 15 May 2011 with leave subsequently extended until 20 June 2014. On 5 June 2014 the appellant made a further application which was refused on 14 July 2015 pursuant to paragraph 322(2) of the Immigration Rules as it was said that an English language test certificate submitted in 2012 was invalid as the relevant test had been taken by a proxy. This is an ETS case. The current application was refused as a result, against which the appellant appealed.

The appeal was initially allowed on 1 December 2015 against which the respondent appealed to the Upper Tribunal, successfully. On 2 February 2016 the matter was remitted for a fresh hearing before the First-tier Tribunal and listed for hearing by Judge Broe.

Having considered the evidence and submissions the Judge sets out findings of fact from [17] of the decision under challenge. The Judge notes that the key question is whether the respondent was right to refuse the application under paragraph 322(1A) as the findings regarding the appellant's conduct, such that he did not satisfy the requirement of paragraph 276B(ii), flows from that decision.

The Judge refers to relevant decided authorities concerning ETS and the evidence available in the case which includes not only the generic material but also a report on Project Facade together with the reports of Professor Peter French and records from ETS. The core findings of the Judge are set out at [22 - 26] in the following terms: