Judicial Review in ETS TOEIC deception cases: Unterschied zwischen den Versionen

Version vom 25. Juni 2016, 09:28 Uhr

toeic score scale - http://toeic.leap.edu.vn/ms-hanh-dao.html. Politics.co.uk says this was used to justify thousands of deportations as the Home Office claimed that everyone who had taken the TOEIC test conducted by ETS had committed fraud. The Financial Times reported that it is not clear how many people were deported, but more than 30,000 test scores were considered suspect.

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A Home Office spokesperson told the Financial Times: "We are very disappointed by the decision and are awaiting a copy of the full determination to consider next steps including an appeal. It would be inappropriate to comment further at this stage."

The Appellants, both nationals of Pakistan had made applications to extend their student visas prior to the expiration of their leave. The Secretary of State refused their applications and invalidated their existing leave by service of removal decisions under section 10 of the Immigration and Asylum Act 1999. Both Appellants lodged judicial review claims challenging the removal decisions.

The right to an in-country of appeal where a removal decision has been made at the same time a person’s leave has been invalidated by the Secretary of State under s.10 of the Immigration and Asylum Act 1999.
The circumstances where it would be appropriate for a matter to be dealt with by way of judicial review if there is a right to only an out-of-country of appeal and
Whether the sequence of the decisions invalidating leave and refusing an application for leave has a bearing on whether a person is entitled to an in-country right of appeal.
Mr Mehmood

The Court held that although leaving the UK would lead to great expense and inconvenience, this was not in itself ‘special’ or ‘exceptional’. Lord Justice Sullivan gave serious ill health as an example of what might constitute such a factor.

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AWS Solicitors, who represented one of the two students in the case, released a press release following the ruling which you can read here on Free Movement. A summary of the judgment is also available here.

In the case of R (Gazi) v Secretary of State for the Home Department (ETS - judicial review) [2015] UKUT 00327 (IAC) these witness statements were described as ‘generic’ as they did not explain why ETS had invalidated the certificate of a particular person or provide any evidence in relation to the personal circumstances of an individual.

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