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United Kingdom out of countrytoeic test fraudfair hearing

Underhill LJ's summary in Ahsan v Secretary of State for the Home Department

[2017] EWCA Civ 2009
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division)
Year2017
StatusBinding authority

Key Principle

Where the Secretary of State alleges TOEIC English-language test fraud and certifies a human rights claim so that any appeal can only be pursued out-of-country, an out-of-country appeal is not a fair or effective remedy for resolving the disputed factual question of whether the individual cheated, so the appellant is entitled to an in-country appeal.

Area of Law

General

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