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As a direct access barrister I have had numerous clients come to me over the last few months regarding having their leave curtailed, often coming up to 10 years lawful residence because at some point they have been and done an ETS English test.

Anyone watching the news will have seen the Panorama program where proxy people took tests, however rather than analyse everyone case by case the HO served s.10 notices on many people thus denying them in country right of appeals.. This approach, endorsed in Gazi and lately in SM and Qaderi is under challenge by way of an application for permission to appeal to the Court of Appeal..

However, in respect of those who do not have an appeal, the case of SM is a stunning victory, the Court has effectively said that the HO material and evidence was very poor and that there was no real evidence from ETS who I am given to understand did not attend the appeal.

While paragraph [102] of the decision in SM does not help those trying to stay in country for any out of country of appeal it is a very good judgment.

If you have a Toeic refusal or are worried about an ETS case I cannot stress how important it is to come and see if not me then a reputable lawyer, please make sure you are comfortable with them.

If you choose to see me, please get in touch with my team as soon as possible and we will endeavour to help no matter at what stage of the proceedings you case has reached.

Paul Turner is a highly regarded direct access immigration barrister and is the head of Imperium Chambers, Grays Inn Buildings, Grays Inn, WC1r 5ET, he also practises from Goldsmith Chambers, the chambers of Anthony Metzer QC and a door tenant at 39 Park Square Leeds LS1 2NU and is licensed by the Bar Council to litigate and to provide advice and representation directly to the public.