IA008052016

There was no Presenting Officer for the SSHD at the hearing in the First-Tier Tribunal. By a decision promulgated on 24 July 2017 Judge of the First-tier Tribunal R J N B Morris allowed the Applicant's appeal on Immigration grounds. She accepted the explanation the Applicant had given why he had not attended either of the two interviews. She found he had given a sufficient explanation of his attendance on 29 August 2012 in person to take the TOEIC speaking test.

The SSHD sought permission to appeal and on 25 January 2018 Judge of the First-tier Tribunal Grant-Hutchison refused permission.

The SSHD renewed the application to the Upper Tribunal and on 7 March 2018 Upper Tribunal Judge Kebede granted permission because she considered it arguable that Judge Morris had given inadequate reasons for concluding the Applicant had provided an innocent explanation to rebut the SSHD's allegation of fraud and erred in the weight she had given to his English language speaking facility, having regard to the decision in MA (ETS- TOEIC testing) Nigeria [2016] UKUT 450 (IAC) .

The Applicant attended the hearing. Mr Bramble for the SSHD relied on the grounds submitted to the Upper Tribunal for permission to appeal. These referred to the decision in MA (ETS - TOEIC Testing) Nigeria [2016] UKUT 450 and in particular paragraph 57 setting out reasons why an individual might have adequate facility in English but retain a proxy to take an English language speaking test.

Mr Kannangara for the Applicant relied on the Judge's findings about the Appellant's various educational achievements including a first degree from Greenwich University and other UK diplomas and his 2004 IELTS results.