ILR Refused Due to TOEIC: Alleged Deception under paragraph 322(2)
ILR refused due to TOEIC exam deception under section 322 (2) can be devastating. We have helped many applicants who have been accused in an ETS TOEIC deception case under paragraph 322(2) of the Immigration Rules. We provide our genuine clients with the confidence that their challenge is being expertly executed and they are receiving the best representation available.
For those who have received Removal Directions, we are available to prepare the pre-action protocol for judicial review, request that the UK Visas and Immigration (UKVI) reconsider its decision and provide each applicant with an in-country right of appeal. We can help with complex cases and prepare the best possible judicial review if the case has legal merits.
At A Y & J Solicitors, it is our view that these actions by the UK Visas and Immigration (UKVI) were both unlawful and unfair at times. We have always carried a belief in the right of every individual to prove their innocence and offer a rebuttal to allegations. We robustly support individuals who need expert legal advice to defend their position.
Background to the ETS TOEIC UK Visa Refusal and Removal Scandal
ETS is a long-standing institution that has been involved in the issuance of the TOEIC. This test is one of the accepted standards for immigrants from countries where the English test is required to achieve residence in the UK under many visa categories.
In 2014, BBC’s Panorama programme illustrated that a small number of providers were involved in fraudulent practices concerning the English language test system. Candidates at two test centers were substituted by bogus exam sitters and prospective student visa applicants had the answers to the test revealed to them.
Prospective students who used the centers were promised a “guaranteed pass” for £500; about three times the official exam fee.
Nine people were convicted of running the fraudulent scheme in December 2016. It is estimated around 1,000 Tier 4 Visa applicants passed the exam using dishonest methods.
Following the Panorama programme, the UK Visas and Immigration (UKVI), led at the time by ex-Prime Minister Theresa May, stopped accepting TOEIC pass certificates for visa applications, and launched a nationwide investigation. This resulted in 48,000 students being sent ‘Removal Directions’ requiring them to leave their studies, and the UK. Around 70% of the students affected were Indian nationals. The Sponsorship Licences of around 60 Higher Educational Institutes were also subsequently revoked.
After allegations of improper testing at the ETS, UKVI took the dramatic action of refusing visas under the alleged use of deception and denied tens of thousands of students already legally studying in the UK access to legal residency in the UK. These students were not given warning and were not provided with any chance of defence or rebuttal.
Applications were also refused or rejected based on the possession of an ETS certificate for the TOEIC, and these applicants have been issued Removal Directions, without right of appeal from within the UK.
In the 2016 case of SM and another v Secretary of State for the Home Department, the court held that the Secretary of State for the Home Department acted unlawfully when sending Removal Directions out to tens of thousands of students, without having substantive evidence that each individual student had actually committed fraud on their TOEIC test.
As a result of this decision, any allegation of deception can be challenged by an applicant who is either facing removal or being denied ILR (on the grounds of deception) based on circumstances surrounding the ETC-TOEIC scandal.
What if My ILR Application Refused due to TOEIC under section 322 (2)?
The Home Office can allege that you cheated in the exam and used deception in your application by showing evidence of your TOEIC test records. ILR refusals can be devastating/life-changing. Our expert team can advise you on your options to challenge the refusal. The following options are possible solutions:
We will advise you on the best steps to take based on your circumstances.
What can I do if I was subject to a deportation notice following the ETS TOEIC removal scandal?
In SM and another v Secretary of State for the Home Department, the Upper Tribunal ruled the evidence provided by two witnesses, Mr Peter Millington and Ms Rebecca Collings was invalid. Therefore, individuals whose cases were rejected by the courts and tribunals on the basis of these two witness statements can, depending on their particular facts, ask for the cases to be re-opened. They can also ask the Home Secretary to review her earlier decisions in the light of the UT’s findings. There is also some room, in certain categories of cases, to seek financial compensation for any errors made by the Home Secretary.
Do I have the right of an in-country appeal if I was falsely accused of cheating on an English language test?
The Supreme Court decision in R (on the application of Kiarie) v Secretary of State for the Home Department / R (on the application of Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 ruled the ‘deport first, appeal later’ policy breaches Article 8 of the European Convention on Human Rights (ECHR) and does not provide an effective right of appeal. Therefore, there should be an in-country right of appeal to applicant facing a removal order on the basis of an ETS TOEIC deception allegation.
Why Choose A Y & J Solicitors to Advise You for ILR Refused Due to TOEIC: Alleged Deception?
Our multi-lingual, experienced immigration lawyers have an in-depth understanding of the complexities surrounding the ETS TOEIC UK Visa Refusals under paragraph 322(2) of the Immigration Rules.
By instructing us to advise and represent you, you can be confident that our team is up to date with the latest case law surrounding the removals. We are dedicated to providing quality, friendly, intelligent legal advice to our clients and take the time to listen to each individual scenario. This allows us to find a solution which is right for each individual client.
