IA010622016

For the Appellant: Mr Plowright, Counsel, instructed by All Levene Solicitors LLP

The appellant is a Pakistani national. The appellant was given leave to enter the United Kingdom as a Tier 4 (General) Student Migrant on February 13, 2011. On February 18, 2013 he submitted an application to extend that leave but withdrew it on March 4, 2014. With that application he provided a TOEIC certificate from Educational Testing Service (ETS) dated September 18, 2012.

On March 13, 2014 the appellant applied for leave to remain as the partner of a Tier 1 Migrant. The respondent refused his application on February 19, 2016 under paragraphs 322(2) and 245DD(a) HC 395 on the basis she believed the appellant had submitted a fraudulently obtained TOEIC certificate.

The appellant lodged grounds of appeal on February 24, 2016 under Section 82(1) of the Nationality, Immigration and Asylum Act 2002. His appeal came before Judge of the First-tier Tribunal Aujla (hereinafter called "the Judge") on March 6, 2017 and in a decision promulgated on March 13, 2017 the Judge refused his appeal finding the appellant had used a fraudulently obtained TOEIC certificate.

The appellant appealed the decision on March 31, 2017. Permission to appeal was initially refused by Judge of the First-tier Tribunal Saffer on September 28, 2017. The grounds were renewed and on November 1, 2017 Upper Tribunal Rimmington found there were arguable grounds and granted permission to appeal.