16 August 2019

Successful TOEIC appeal results in client being granted with indefinite leave to remain

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My client, a national of Pakistan, who came to the United Kingdom in 2006, became an overstayer after her leave to remain was curtailed due to allegations of fraudulently obtaining a TOEIC certificate. The Home Office declared that the client’s presence in the UK was not beneficial to the public good and her application for further leave to remain was refused.

The client had leave to remain in the UK until September 2016 as a Tier 4 migrant and the unlawful curtailment took place in 2015. Meaning that she would not be able to complete her 10 lawful years to qualify for indefinite leave to remain.     

After a long legal battle which involved a successful judicial review against the Home Office, lasting for almost four years, the client was granted a right to appeal. This appeal was heard by the Tribunal and successfully allowed.

The Judge accepted the unfairness of the Home Office in curtailing the client’s leave to remain on false allegations. It was acknowledged by the Tribunal Judge that the client had completed a diploma and an undergraduate degree from well reputed institutes in the UK and also completed her masters in the year 2014. Even though the client never used the certificate of TOEIC which she genuinely obtained, her leave was unfairly curtailed.

The client will now be granted with indefinite leave to remain in the UK. This demonstrates the positive decision making by the First tier Tribunal Judges, provided the case is presented properly with detailed evidence.

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Qazi Muhammad Atif Ali

Qazi Muhammad Atif Ali View author's profile | More posts from author

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