I have finally just now had a chance to read all of Qadir/SM judgement.
Fascinating read, worthy of a legal textbook.
The judgement gives me (who is not in any way connected to the case and has no clients who are) great satisfaction, as I believe it is EXACTLY what I predicted on this blog some 2 months ago after attending the first 2 days of hearings in a post shared by someone on immi boards.
The court, essentially, ruled, just like I predicted it would, that the whole TOEIC problem is not out, BUT the SSHD evidence is only sufficient to open the door to allegation of deception. Meanwhile, it is still necessary to examine EACH individual case on its merits and facts (para 102) to establish whether each Appelant had motive, opportunity or propensity to cheat.
I also feel entirely vindicated in my humble subsequent assertion that SM was a rubbish witness, to which fact all of para 86 (I think) is dedicated. Read more