IA015112016

A key issue in dispute before the FTT was whether or not the appellant exercised deception when he placed reliance upon a TOEIC certificate he obtained following a test taken at South Quay College on 21 August 2012, in his application for further leave to remain as a student dated 18 September 2018.

After hearing from the appellant, the FTT concluded at [21] that the SSHD had established that the appellant procured a TOEIC certificate by deceit and 322(1A) of the Immigration Rules was met. The FTT found that the appellant did not meet the requirements of the Immigration Rules and his removal would not constitute a breach of Article 8 of the ECHR.

The grounds of appeal have been prepared by solicitors but they are vague, repetitive and difficult to follow. I have reformulated the grounds as best as I can in order to summarise them as follows:

(i) The FTT erred in finding that the SSHD discharged the evidential burden of establishing deception;

(ii) The FTT made inconsistent findings regarding the appellant's general credibility;