Court of Appeal Upholds Decision in Fraud Case
Chowdhury v Secretary of State for the Home Department
In a judgment handed down on January 23, 2025, the Court of Appeal (Civil Division) upheld the decision of the Upper Tribunal (Immigration and Asylum Chamber) in the case of Chowdhury v Secretary of State for the Home Department [2025] EWCA Civ 36. The case, which revolved around allegations of dishonesty in obtaining an English language certificate, highlights the complexities and legal intricacies involved in immigration appeals.
Case Background
Amanat Hussain Chowdhury, a Bangladeshi national, entered the UK on a Tier 4 (General) Student visa in 2011. His application for further leave to remain was refused by the Secretary of State on the grounds that his Test of English for International Communication (TOEIC) certificate was fraudulently obtained. The First-tier Tribunal (FTT) initially allowed Chowdhury’s appeal, but the Upper Tribunal (UT) set aside that decision, citing a failure to properly consider the guidance provided in the case of DK and RK (ETS: SSHD evidence, proof) India (No 2) [2022] UKUT 112 (IAC).
Court of Appeal’s Decision
The Court of Appeal, comprising Lord Justice Singh, Lady Justice Nicola Davies, and Mr Justice Cobb, dismissed Chowdhury’s appeal. The court found that the FTT had erred in law by not adequately addressing the principles established in DK and RK.
Key Takeaways
- Burden of Proof: The Court of Appeal emphasised that the burden of proof in cases of alleged dishonesty remains with the Secretary of State. However, the appellant must provide a credible response to the prima facie evidence of fraud.
- Legal Precedents: The decision underscores the importance of adhering to established legal precedents and properly engaging with relevant case law.
- Fact-Sensitive Nature: Each case must be decided on its own facts, and tribunals must provide clear and reasoned explanations for their conclusions.
How BHD Solicitors Can Assist
Navigating the complexities of immigration law can be challenging, especially in cases involving allegations of fraud or dishonesty. At BHD Solicitors, our experienced team of immigration lawyers is well-versed in the intricacies of the legal system and can provide expert guidance and representation.
Whether you are facing issues related to visa applications, appeals, or any other immigration matter, BHD Solicitors are here to help. Our commitment to providing personalised and effective legal solutions ensures that your case is handled with the utmost care and professionalism.
For more information or to schedule a consultation, please contact BHD Solicitors today. Let us assist you in navigating the legal landscape and achieving the best possible outcome for your case.
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