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United Kingdom deception toeicburden of proof

Chowdhury v Secretary of State for the Home Department

[2025] EWCA Civ 36
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division)
Year2025
StatusBinding authority

Key Principle

In TOEIC/ETS deception cases the legal burden of proving dishonesty lies on the Secretary of State and never shifts to the applicant; a tribunal that accepts the appellant's credibility must still engage with the DK and RK framework, and treating the burden as 'moving' between the parties is an error of law.

Area of Law

General

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