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FREE MOVEMENT BUSINESS AND STUDY IMMIGRATION UPDATE

No unfairness finding for innocent student caught up in English testing scandal

By Norma Boarders on Aug 12, 2019 07:30 am

In Rauf v Secretary of State for the Home Department [2019] EWCA Civ 1276, the Home Office cited the incorrect part of the Immigration Rules in curtailing a student visa. The failure of Mr Rauf’s appeal reminds us that it’s extremely difficult to prove unfairness in immigration cases. Mr Rauf had submitted a successful application for leave to remain ahead of study at the University of Sunderland. About a month before he was due to start, the university withdrew its sponsorship, citing concerns about cheating on English language testing for visas. Mr Rauf was understandably put out: he didn’t actually need to pass an English test because of his existing...

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