If you’ve had your Indefinite Leave to Remain (ILR) application refused because of an accusation of deception related to the ETS-TOEIC English test, there is hope. The ETS-TOEIC scandal, involving fraudulent test-taking, led to many students being unfairly accused of cheating, and the Home Office’s actions were found to be unlawful. If you’re in this situation, there are steps you can take to challenge the decision.
What is the ETS-TOEIC Scandal?
ETS (Educational Testing Service) runs the TOEIC (Test of English for International Communication) exam, which is widely used to prove English language skills for UK visa applicants. In 2014, the BBC uncovered a fraud scheme where test-takers were replaced by others or given answers during the exam. It was alleged that some applicants paid £500 for a “guaranteed pass” at certain test centers. As a result, the UK Home Office stopped accepting TOEIC certificates for visa applications and launched a nationwide investigation.
In 2016, nine people were convicted of running this fraud. Following the scandal, the Home Office began deporting students who had used the fraudulent test certificates. Around 48,000 students were affected, and many of them were ordered to leave the UK.
How Was the Deportation Decision Challenged?
The decision to deport these students was challenged in court. The Upper Tribunal (Immigration and Asylum Chamber) ruled that the Home Office acted unlawfully when it issued removal directions based on hearsay evidence. The Tribunal found that the Home Secretary had relied on unverified information from ETS and failed to provide evidence that the students had committed fraud. The ruling stated that the Home Office had not proven that the students had dishonestly obtained their TOEIC certificates.
This decision led to many students filing claims for compensation and the Court of Appeal confirming that students accused of cheating had the right to have their appeals heard in the UK.
How Does This Impact ILR Applications?
If your ILR application has been refused due to allegations of deception related to your TOEIC certificate, there is a chance to challenge the decision. Under UK immigration law, a refusal on the grounds of deception means that the Home Office believes you have deliberately provided false information. However, for many students involved in the ETS-TOEIC scandal, there was no deliberate dishonesty, and they should not be penalized.
The case of SM and another v Secretary of State for the Home Department confirmed that the Home Office had no solid evidence of deception in many of these cases. This means that any refusal based on these allegations can be contested.
What to Do If Your ILR Application Was Refused
If your ILR application was refused due to the ETS-TOEIC scandal or any accusations of deception, it’s crucial to seek professional legal help. An immigration solicitor can assess your situation and advise you on how to challenge the refusal.
In many cases, you may be able to:
- Appeal the decision if the refusal was based on unproven allegations of fraud.
- File for Judicial Review, challenging the Home Office’s unlawful actions in your case.
- Reapply for ILR once the issue has been addressed.
How Law and Visas Can Help
If your ILR application has been refused due to the ETS-TOEIC fraud scandal, Law and Visas can help. Our expert immigration solicitors have experience in handling cases where students have been unfairly accused of fraud. We can guide you through the process of challenging your refusal, whether through appeal or Judicial Review.
If you’ve been affected by the ETS-TOEIC scandal and need advice or help with your immigration status, contact Law and Visas today. We are here to support you and ensure your case is handled correctly.
