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Good News for Migrants Falsely Accused of English Language Test Cheating

On August 12, 2020 | In General | By A Y & J Solicitors

The Home Office has finally agreed that any TOEIC (Test of English for International Communication) appellants who succeed in the appeal of Article 8 grounds, shall be granted 2.5 years leave to remain. Undoubtedly a significant victory attained by Bindmans that brought a judicial review on behalf of a TOEIC client, MM, who has been fighting false accusations against him for the last six years. 

Back in 2014, MM was kicked out of his university after being accused of cheating on a TOEIC English Language Test by the Home Office. Consequently, the Home Office curtailed his Tier 4 leave to remain and he no longer had a sponsor. This incident compelled him to bring two claims for judicial review and two further pre-action letters in order to gain a right to appeal against the Home Office’s allegation. 

His appeal was finally heard in the year 2019 and the Tribunal discovered that the Home Office’s allegation against him was baseless. This case managed to shed light on the TOEIC scandal and several lives of students that got impacted following the scandal. His appeal, however, awarded him just 60 days’ leave to remain in the UK. The firm called it “an insult to the years that he has spent fighting to clear his name,” but managed to get the department to change its mind. 

Following further judicial review proceedings, the Home Office has accepted 2.5 years of leave to remain for MM and other successful TOEIC appellants. 

More about TOEIC Scandal

In 2014, ETS had informed the Home Office that more than 56,000 migrants had cheated in the TOEIC English language test. However, the pieces of evidence which were employed to accuse thousands of international students were later defined as “confused, misleading, and incomplete.” The Home Office took actions on a mass scale against the accused students. In the majority of cases, the accused students either had no right to appeal or were required to return to the home countries in order to bring appeal right from there. After years of litigation, several accused students were finally allowed to bring an appeal from within the territory (UK). 

A Y & J Solicitors is uninterruptedly working for the individuals who have been severely affected by the TOEIC Scandal. So, do you need any expert opinion or help? Get in touch with our exceptionally qualified solicitors at A Y & J Solicitors, which is a multi-award winning, 10+years of experienced recommended by Legal 500, a boutique immigration Law Firm based in Central London. Please email us at [email protected] or Whatsapp us on +44 7448 5656 70. 

A Y & J Solicitors

A Y & J Solicitors is a multi-award winning, 10+ years experienced, recommended by Legal 500, boutique UK immigration law firm based in Central London. We have been very successful in assisting 4000+ clients, including those who needed Global Talent Visa, Sole Rep visa and Tier 2 Sponsor licence, with a trust rating of 4.9/5 based on 700+ reviews on TrustPilot & Google. The experienced team at A Y & J Solicitors is known for its client focused service, honesty and our ‘In It To Win It’ approach. We consistently deliver results that exceed clients’ expectations by providing expert advice, regular communication, and optimal, individualised results. For every area of individual and business immigration needs, A Y & J Solicitors has a proven track record and is happy to assist you.