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             This is the second time that this matter has been before the Upper Tribunal. On 22 nd March 2022 UTJ Mandalia set aside the decision of FtTJ Juss who had found the appellant could not succeed under the immigration rules nor on an Article 8 basis and yet who had allowed the appeal. There were no findings preserved.
             Both the appellant and his partner, gave evidence before us and we do not record their evidence in full but merely refer to that oral evidence in our analysis where relevant.
             We heard extensive oral evidence from the appellant through a Punjabi interpreter, which we have noted in full but as it is recorded, we have only referred to matters particularly relevant to our decision. We have carefully considered the witness statements of the appellant dated 23 rd May 2022, 12 th October 2023 and 29 th July 2024 and the appellant's partner.
         The Look up tool Record 94343 from 'ETS SELT Source Data' was provided and confirmed that the appellant's test taken on 15 th January 2013 at New London College was 'invalid'.
         The statistic provided in the ETS bundle showed that of the results for that day 72% were found to be invalid and 28% to be questionable.
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