R (on the application of Gazi) v Secretary of State for the Home Department

Immigration – Education. The defendant Secretary of State found that a proxy test-taker had taken the claimant Bangladeshi national's English language tests and issued a notice of removal. The claimant sought judicial review. The Upper Tribunal (Immigration and Asylum Chamber), in dismissing the application, held that no improper purpose had been established. Further, an out of country appeal to the First-tier Tribunal (Immigration and Asylum Chamber) was a demonstrably superior mechanism for the present species of challenge and that fact rendered the claimant's further procedural unfairness ground of challenge moot, as that tribunal could consider that complaint.

Category: