Mosaraf Hossain & Ors v The Home Office

Facts

The three claimants, C2 (Mosaraf Hossain), C6 (Naveed Khan) and C11 (Ashiqur Rahman), brought claims in the King's Bench Division against the Home Office arising out of allegations that they had obtained TOEIC English language test certificates by fraud, allegations founded on evidence supplied by ETS of proxy test-taking at test centres including Darwin's College and Colwell College. C6's application for leave to remain was refused on 4 December 2014 after voice analysis identified a multiple ("proxy") test taker; C11's certificate, obtained after a test he was recorded as sitting at Colwell College on 17 October 2012, was submitted with a Tier 4 application on 7 December 2012. The claimants pleaded claims including data protection / GDPR and Article 8 claims, relying on Upper Tribunal jurisprudence said to record frailties in the ETS evidence. By judgment of 10 June 2026 (Hossain & ors v Home Office [2026] EWHC 1413 (KB), "the Main Judgment"), Heather Williams J held that issue estoppel prevented the Home Office from asserting that C6 and C11 had obtained their results fraudulently, but that C2 had not shown abuse of process. The Home Office, by application notices dated 6 July 2026, applied to amend its Defence in each case; the claimants opposed most amendments and sought further deletions. The applications were determined on the papers.