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For the Appellant: Mr E Fripp, Counsel instructed by Duncan Lewis & Co Solicitors
The appellant is a citizen of Pakistan born on 11 December 1989. He is appealing against the decision of Judge of the First-tier Tribunal Cameron dismissing his appeal against a decision of the Secretary of State dated 14 February 2017 refusing his application (made on 8 October 2013) for leave to remain in the UK as a Tier 4 (General) student migrant.
The reason given by the respondent for refusing the appellant's application was that the appellant had used deception when obtaining a TOEIC certificate. The Reasons for Refusal Letter states that using voice verification software ETS concluded that the appellant had fraudulently obtained three certificates by use of a proxy test taker. The three tests were said to be taken on the following dates and locations:
The appellant appealed against the decision of the respondent and his appeal was heard by Judge Cameron at Taylor House on 4 December 2017.
The judge directed himself that there was a three stage process to establish if fraud had taken place. The first stage was for the Secretary of State to produce sufficient evidence to raise the issue of fraud. Secondly, it was then for the appellant to raise an innocent explanation. Thirdly, it fell to the Secretary of State to establish on the balance of probabilities that the innocent explanation was rejected.
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