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 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 other countries to demonstrate their English language proficiency – a requirement to achieving 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 now 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, 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 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.
The results of this decision means 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)?
Home Office can bring evidences of your TOEIC test records while alleging that you cheat in the exam and used deception in your application. ILR refusals under paragraph 322 (2) can be upsetting for you, your family. Our expert team can advise you on your options to challenge to the refusal, following options are possible solutions:
- Resubmitting your ILR application when full explanation;
- Appeal against the decision if appeal rights is available;
- Lodge an Administrative Review (available to those applicants in the Point Based System category)
- Issue Judicial Review proceedings
We will advise you on the best steps to take based on your circumstances.
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. We also have a clear insight as to how it has impacted on our clients’ lives.
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 individuals story. This allows us to find a solution which is right for each individual client, rather than rushing into a course of action which may be of little benefit in the long-term or cost the client more in legal fees than necessary.
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.
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  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.
Success Story on ETS TOEIC UK Visa Refusals: Alleged Deception
Strong Legal Representation Assists the Applicant to Succeed Against TOEIC-ETS Deception Claims
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…
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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.
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