UK Immigration update - TOEIC/ETS - Court of Appeal grants permission based on APPG report

This is a very exciting development for all those caught up in the ETS scandal and the HO way of dealing with it - while I have been winning appeals and know of many other barristers winning appeals - based, in my case, in no small part on the APPG, NAO and PAC reports (as well as my clients' ability to speak English) - the Court of Appeal have granted permission based upon the new evidence contained within the APPG report and linked this case with another to be heard this year.
This is highly unusual as the Court of Appeal rarely grant permission on new evidence, however it has been argued that the HO evidence that was and is relied upon in so many cases is so flawed given that it appears to be entirely based upon the material supplied by ETS and that the HO were aware of the shortcomings notwithstanding the continued reliance on this material.
The Judge in granting permission thought it a matter of importance has real prospects of success and that therefore there are compelling reasons for the Court of Appeal to look at this matter.
As matters currently stand the law is that SM (Qadir) shifts the burden onto the Appellant to show that they did not cheat however the decision of SM (Qadir) was in no small part based upon evidence provided by ETS and presented by the HO as essentially being accurate.
As time has gone on it has become increasingly clear that ETS are not a reliable provider of evidence and nor were they a company properly fit to provide tests - indeed one of the reports considers ETS was a "shambles". The picture becomes murkier when one discovers that there were apparently secret meetings and that the HO was aware of flaws in the evidence but pressed on and continues to press on with appeals. It is also noteworthy as my earlier videos show that ETS BV had to pay the HO £1.6m in an out of court settlement, despite the HO saying that ETS was one of the world's biggest suppliers of English tests, the parent company structured itself, one might think to shield itself from any liability through a Dutch company - hence the low payment received, even though it apparently cost the UK government - read you and I - £21m to investigate. The reports make for damning reading, one example is that apparently a number of HO officials were sent to the US even though they were not competent to deal with the data - and that the HO have been, it appears almost entirely reliant on ETS for the information that lead to the cancellation of so many visas and the ruining of so many people's lives.
The grant of permission - linked to another case - raises the prospect of a test case which has the potential to render the HO's reliance on SM (Qadir) unreliable with consequences that are potentially far reaching for on going appeals and appeals that have been lost and for those who have had to travel home.
I will of course update more as and when I know it.
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