[2024] UKUT 00142 (IAC)

The appellant in the appeal before us is the Secretary of State for the Home Department (“SSHD”) and the respondents to this appeal are Mr Varkey and Ms Joseph. However, for ease of reference, in the course of this decision we now adopt the parties’ status as it previously was before the First-tier Tribunal (“FtT”).  We refer to Mr Varkey and Ms Joseph as the appellants, and the Secretary of State (“SSHD”) as the respondent.

This is yet another appeal in which this Tribunal has had cause to consider the issues that arise following the filming by BBC Panorama of government-approved exams required to satisfy the English Language requirement in the Immigration Rules. We do not burden this decision by reciting the findings and conclusions reached by successive Presidential panels of the Tribunal. In Ahsan & Others v Secretary of State [2017] EWCA Civ 2009, Underhill LJ referred to the TOEIC litigation to date at paragraphs [23] to [33] of his judgment.

We are grateful to Counsel for their clear and helpful submissions, both in writing and at the hearing before us although we have not found it necessary to refer to each and every point they raised.