OA027762015

The subject of this appeal is a determination sent by First-tier Tribunal (FtT) Judge Metzer on 19 October 2015 dismissing the appellant's appeal against a decision made by the respondent on 17 December 2014 to remove him from the UK under s.10 of the 1999 Act. Such a decision carries a right of appeal out of country which the appellant exercised upon his return to Bangladesh.

"The Respondent also relied upon security marking which gives a context as to the level of cheating. The secure public test centre as overseen by ETS global employees show that only three were valid out of 1,039 TOEIC speaking and written tests whereas Synergy Business College where the Appellant took the test, ETS identified that 2,410 out of 4,894 TOEIC speaking and written tests were invalid comprising 49%, whereas the percentage invalid of secure public test centres was 0.28%."

(1) that the judge had erred by deciding the case "in line with the respondent's generalised allegation" and "without considering the evidence of the appellant" which was that he had not used a proxy;

(2) that the judge failed to consider the appellant's subsequent achievement in securing the "English Certificate";

(3) that the judge failed to take into account the fact that the appellant was not given an in-country right of appeal due to which he had to leave the UK and was unable to give evidence to the FtT to explain any allegation raised against him;