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United Kingdom
deception toeicburden of proof
Chowdhury v Secretary of State for the Home Department
[2025] EWCA Civ 36
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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