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The Secretary of State appeals with permission against the decision of First-tier Tribunal Judge Graham whereby she had allowed the Appellant's appeal based on Appendix FM of the Immigration Rules. To ease following this decision I shall continue to refer to Mr Mehmood as the Appellant although it is the Secretary of State who brings this appeal.
The Judge had noted that the parties had accepted that the only issue before her was whether or not the ETS certificate in respect of English was genuine or not.
(1) The Judge had misapplied the standard of proof because she had said the standard of proof was higher than the balance of probabilities; and
(2) The Judge said the witness statements of Ms Collins and M Millington were to be given minimum weight and that that the spreadsheet taken in isolation fell short of providing evidence to prove deception.
Mr McVeety said in his submissions that he relied on the grounds of appeal. He said in addition one needed to look at paragraph 18 of the Judge's decision. It was a misunderstanding by the Judge. It is not the Secretary of State who validates it. He referred to the decision of Secretary of State for the Home Department v Qadir [2016] EWCA Civ 1167 in respect of the initial burden of proof.
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