Persistent questioning of appellant by judge was fair – EIN Blog
‘The Court of Appeal held in this case that FTTJ Beg’s persistent questioning of an immigration appellant, Mr Tareque Hossain, a Bangladeshi national, who had been found to have fraudulently obtained an English language competence test did not indicate that she had “descended into the arena” such as to adversely affect her evaluation of the evidence. FTTJ Beg’s questions concerned matters that fell within the areas previously covered by the evidence and were clearly directed to the central issue of whether Mr Tareque Hossain had undertaken the test. There was no evidence that she was unable to consider the evidence objectively. It was fairer that she asked questions about the matters going to the central factual issue rather than leave her concerns unaddressed, and without giving Mr Hossain and his witnesses an opportunity to deal with them. Mr Tareque Hossain had appealed against a decision upholding the refusal of his application for leave to remain in the UK. He entered the UK on a student visa but his leave to remain was curtailed on the basis that he had relied on an English language test (“TOEIC”) which was fraudulently obtained from the Educational Testing Service (“ETS”). He could not appeal and did not challenge that finding by way of judicial review but claimed asylum (later withdrawn) and made a series of applications the last of which was a further application for leave to remain on the basis of his family and private life made on 21 October 2020. His application was refused on the basis that his TOEIC exam involved cheating.’
EIN Blog, 6th August 2024
Source: www.ein.org.uk
