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This is an appeal against a decision of First-tier Tribunal Judge Cruthers, promulgated on 8 April 2016, in which the Judge dismissed the appellant's appeal under both the Immigration Rules and on human rights grounds.
The appellants are both citizens of Bangladesh. The first appellant was born on 1 January 1978 and is the lead case in relation to this matter, the Judge noting at [2] that the second appellant is the spouse of the first appellant and that their representative accepted at the hearing that the appeals stood or fell together.
The Judge carries out a careful analysis of the factual matrix of the case, sets out the issues the tribunal was required to consider, and the arguments for the respective parties, before setting out findings of fact from [52] of the decision under challenge.
In relation to the respondent's allegation concerning the first appellant's English language test results of August 2013, the ETS issue, the Judge finds at [63] that the totality of the evidence from the respondent on the issue was not sufficient or specific enough to show that the appellants test results of August 2013 had been obtained improperly. There is no challenge to this aspect of the decision.
The Judge accepted the chronology/immigration history as a whole although records reservations regarding some aspects of the evidence.
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