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Immigration Solicitors

Foreign Students Victimised for TOEIC’s Failures - Duncan Lewis Challenges the Home Office (27 February 2015)

Date: 27/02/2015
Duncan Lewis, Immigration Solicitors, Foreign Students Victimised for TOEIC’s Failures - Duncan Lewis Challenges the Home Office

The Educational Testing Service (ETS) received critical media coverage last year when the BBC released a number of video footages, showing test invigilators assisting candidates to cheat on TOEIC papers. The Home Secretary Theresa May made a statement shortly after, saying the BBC’s evidence was “very shocking”.

In light of these events, the Home Office adopted a draconian stance on TOEIC test results. From our understanding, the Home Office has been rejecting a vast number of visa applications where TOEIC results have been submitted for the purpose of UK immigration. This has affected even the most genuine of foreign students.

Duncan Lewis believes it is unfair to apply a “blanket decision” on every student, many of whom unknowingly became entangled in this situation. We believe each case should be decided on its on merits and considered through a process of fair and impartial consideration.

We are currently assisting a client who has been caught by these policies, despite genuinely sitting the TOEIC exam and successfully passing. He had passed the test and submitted the results as part of the visa consideration process. The application was refused with no right to appeal on the basis of Home Office findings that he had committed deception. He sought advice from Duncan Lewis whereby we Judicially Reviewed this decision.

The case is under the conduct of lead immigration solicitor, Zahra Rasool, where we have now been given permission to appeal to the Court of Appeal. Our client’s case is likely to be linked with other similar cases where the Home Office is being challenged in respect to the English language tests and we anticipate a positive result on behalf of our client.

Our specialist team of UK immigration solicitors at Duncan Lewis are at the forefront of the industry and continue to tirelessly fight and challenge adverse Home Office decisions in the best interest of our clients.

If you are a student, Tier 2 migrant or a partner of a British citizen, and have had similar issues with TOEIC or any other English language test centres which has lead to a visa application being refused, please contact us on privateimmigration@duncanlewis.com or on +44(0)203 114 1131.


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