Judicial Review can help to those innocent applicants whose Indefinite Leave to Remain (ILR), Spouse Visa or any other application refused due to TOEIC. This started in year 2014 it was a tragic time, tens of thousands of students deported following the Educational Test Services (ETS) Test of English for International Communication (TOEIC) scandal. Many lost large sums of money in pre-paid course fees after being accused of fraudulently passing an English-language test to obtain a Tier 4 Student Visa. Other were suddenly told to leave the UK and provided no right of appeal.
At A Y & J Solicitors, we believe that these actions of refusing visas without doing proper investigation by the UK Visas and Immigration (UKVI) were unfair. We have always carried a belief that innocent individuals should not be penalised. Therefore, we have been dedicated to provide support and expert legal advice to those affected genuine applicants.
For students who have received Removal Directions, we have assisted with several appeals following the recent Supreme Court decision in R (on the application of Kiarie) v Secretary of State for the Home Department and R (on the application of Byndloss) v Secretary of State for the Home Department  UKSC 42, which ruled the ‘deport first, appeal later’ policy breaches Article 8 of the European Convention on Human Rights (ECHR).
We have secured the withdrawal of multiple removal decisions from the UK Visas and Immigration (UKVI) against students who have been accused in an ETS TOEIC deception case. You can be confident that we will provide them with expert advice on their complex immigration matter and will support them every step of the process.
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 other countries to show English language proficiency – a requirement to achieving the UK Visa.
In 2014, BBC’s Panorama programme went undercover to show a small number of providers were involved in fraudulent practices concerning the English language test system. Candidates at two test centres were substituted by bogus exam sitters, and prospective student visa applicants had the answers to the test given to them.
Prospective students who used the centres 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 now Prime Minister, Theresa May, stopped accepting TOEIC pass certificates for visa applications, and launched a nationwide crackdown. This resulted in tens of thousands of students being sent “Removal Directions” meaning they had to abandon their course and leave the country.
Around 70% of the students affected were Indian nationals. In addition, 60 Higher Educational Institutes were stripped of their Sponsor Licences.
After allegations of improper testing at the ETS, the UK Visas and Immigration (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 the country. These students were not given warning and were not provided any chance of defence or rebuttal within the country.
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 a right of appeal from within the UK.
In the case 2016 of SM and another v Secretary of State for the Home Department, the court held 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.
Because of the Supreme Court decision, any allegation of deception can now be challenged by an applicant who is either facing removal or being denied ILR, Spouse visa or any other visa (on the grounds of deception) based on circumstances surrounding the ETC-TOEIC scandal.
A Y & J Solicitors are experienced in Judicial Review cases representing clients who have received visa refusals. Our experienced team have successfully used the process to have decisions based on TOEIC-ETS deception claims overturned.
Judicial Review is a complex legal procedure that can only be conducted by regulated lawyers such as SRA-regulated solicitors. A Y & J Solicitors is well-qualified and experienced in such applications and fully understand the Pre-Action Protocol Procedure which allows many cases to settle well before a Judicial review application is made.
A Y & J Solicitors takes pride in a long-standing reputation for excellent customer service. Through independent reviews and constant client recommendations, we prove to our clients that we work with the highest level of integrity.
Judicial review is a remedy of last resort. This means all other dispute resolution methods available must be examined before considering making a Judicial Review application. Even if an application is made to the court, it is not guaranteed that it will be permitted to proceed. This is why it is essential to instruct an experienced immigration lawyer to advise and represent you through the process.
When deciding on a Judicial Review matter, the courts are concerned with how the decision was made, rather than the rights or wrongs of the decision itself. Therefore, the court is unable to substitute its decision for the decision made by UKVI. The remedies available include:
Our lawyers will explain how these remedies can assist you and which options will best suit your particular matter.
My experience with A Y & J Solicitors was really good. Very detailed and knowledgeable. All my questions were answered on time. They are very approachable and friendly. I would highly recommend them – it may be very simple query or a very complex case; you can trust them.
Having found myself in a rather sticky situation I was desperate for advice/help/guidance. I found A Y & J Solicitors through a friend and with in minutes into my first phone call to them, felt a sense of tremendous peace of mind which I had longed for. Mr Yash spoke very professionally and together with his team went on to do the almost impossible and secure an ‘Out of time’ extremely complicated Tier 2 application for myself and a spouse visa for my wife. Yes they are expensive. But their services are well worth it. They are direct & almost every step of the way they were transparent and kept me updated on the status as and when they knew anything. With out a doubt, I can easily say that our experience with them has been fantastic and would highly recommend their services to any one i know that is looking for a good immigration solicitor. Keep up the excellent work Mr. Yash. God Bless. Thumbs up to the excellent team they have.
I went to Globevisas on a friend’s recommendation and I’m glad I did that. These guys are very helpful and they know what they’re talking about. My ILR application was an extremely smooth experience and was granted without any hassles at all. I would recommend Globevisas to anyone who is looking for help to sort out their visa issues!
Mrs B was a Tier 4 (Student) Migrant. While in the UK, she extended her leave on various occasions as Tier 4 (Student). At the time of applying for further leave to remain as a Tier 4 Student, she submitted English test certificates to support her application, and her leave to remain was granted. After…
We are a specialised UK immigration law firm.
In this video, I will share some tips with you on how to choose a UK immigration lawyer.
There are five very important points you may wish to consider while choosing a UK Immigration Lawyer.
Number 1: UK immigration law is very specific, fast-changing and complex. You should not entrust your future to an individual/company that does not fully comprehend the complexity of UK immigration law. Therefore, our first tip is that you may want to consider choosing a lawyer who specialises in UK immigration law and has a wealth of experience in dealing with UK immigration applications and/or/appeals.
Tip Number 2: You will need a lawyer who will be honest with you. This includes discussions about the success chances of your immigration case, total cost and tentative time frame.
Tip Number 3: A lawyer’s reputation often precedes them – look for a lawyer who is known for honesty. Check out client reviews to see what others have said. When many people rate the same lawyer as honest after their transactions, chances are good that you’ve found an honest lawyer. Check out for independent review platform such as TrustPilot for real and verified reviews from actual clients.
Tip Number 4: How about choosing a lawyer who loves immigration law? One who cannot wait to get started on your case. A passionate lawyer who regularly sees success in immigration matters and tends to deliver great results.
Tip Number 5: Always look for a lawyer who is Authorised and Regulated. In most cases, lawyers in the UK are regulated by the SRA – Solicitors Regulation Authority (SRA) or by the OISC. Professional certification or Awards are also good indications. It might be prominent on their webpage if they have this.
Finally, look for a lawyer who is always improving by staying up to date on the UK immigration rules and regulations, and is constantly upgrading their skills. This is particularly important in the UK immigration sector, where laws are changed frequently, and lawyers must know exactly what is required for each type of application or appeal.
If you look for these qualities in a lawyer, it is likely that you find someone who is going to take good care of your Immigration matter, while respecting you as a valuable, important individual.
If you require legal assistance with your UK Immigration matter, please get in touch with us. Our contact details are at the bottom of this video. We’re happy to help. Thank you.