Tareque Hossain v The Secretary of State for the Home Department

Facts

The appellant, Mr Tareque Hossain, is a national of Bangladesh who entered the United Kingdom in February 2010 on a Tier 4 student visa valid until 30 April 2013. He applied for further leave to remain on 1 May 2013 and was granted leave from 11 June 2013 to 17 August 2015, but on 26 June 2014 the Secretary of State for the Home Department curtailed that leave on the basis that he had cheated in a TOEIC examination relied on in his May 2013 application; he did not challenge that decision. He was served with notice of liability to removal under s.10 of the Immigration and Asylum Act 1999, made a further Tier 4 application which was rejected, and has remained without leave. An asylum claim made in 2017 was later withdrawn, and a further application for leave based on his family and private life, made on 21 October 2020, was refused on 16 September 2021, principally on suitability grounds because the Educational Testing Service had confirmed there was significant evidence that his certificate had been fraudulently obtained by use of a proxy test taker. First-tier Tribunal Judge Beg dismissed his appeal, finding he had used deception. Upper Tribunal Judge Gleeson dismissed his further appeal, rejecting the complaint that the FTT hearing had been procedurally unfair. He appealed to the Court of Appeal.