Sumi v Entry Clearance Officer [2015] EWCA Civ 1564 (11 November 2015)

Sumi v Entry Clearance Officer [2015] EWCA Civ 1564 (11 November 2015)

An applicant for entry clearance must provide an English language test certificate from a provider who is on the Secretary of State's approved list at the date of decision. Approval at the time of the test or certificate is insufficient if the provider is not approved at the decision date.

Citation
[2015] EWCA Civ 1564
Parties
Claimant/applicant: Sheuly Begum Sumi; Defendant/respondent: Entry Clearance Officer
Jurisdiction
England and Wales
Judgment Date
11 November 2015
Procedural Posture
Appeal From Immigration Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Entry Clearance, English Language Requirement, Immigration Rules Interpretation
Immigration Law Administrative Law Entry Clearance English Language Requirement Immigration Rules Interpretation

Case Brief

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Parties

Sheuly Begum Sumi

Claimant/applicant

Entry Clearance Officer

Defendant/respondent

Procedural Posture

Appeal From Immigration Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an applicant can rely on an English language test certificate from a provider approved at the time of the test but not at the time of the entry clearance decision
  2. 2 Whether the Immigration Rules in force at the date of decision or application apply

Ratio Decidendi

An applicant for entry clearance must provide an English language test certificate from a provider who is on the Secretary of State's approved list at the date of decision. Approval at the time of the test or certificate is insufficient if the provider is not approved at the decision date.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.