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

Version vom 23. Juni 2016, 01:09 Uhr

Listening skills are important for face-to-face communication, meetings, videoconferencing, podcasts and telephone conversations.
Reading skills are necessary for e-mail, reports, newsletters and other forms of business correspondence.

Mr. Ali applied to vary his leave on 29 December 2013. A decision was made to remove him on the basis that he had used deception in his application for variation of leave. It was alleged that his Test of English for International Communication (TOIEC) certificate issued by Educational Testing Services (ETS) was obtained by a proxy test taker.

The hearsay evidence of Ms Collings and Mr Millington, the two main witnesses relied on by the Secretary of State was inherently limited in that neither of these witnesses possessed any relevant qualifications, credentials or expertise in what is ultimately a scientific field - namely, voice recognition technology and techniques;
There was no evidence from ETS;
The evidence from expert Dr. If you have any kind of questions concerning where and ways to use toeic bridge reading comprehension exercises, you could contact us at our web site. Harrison was persuasive and remained unchallenged by the Secretary of State;
The Appellant’s themselves were found to be truthful.

Specialists from The Seminar talked about the fierce competition in the current labor market, and in order to get a job, besides professional skills, students should make themselves more bright and shining by soft skills such as English language proficiency and IT literacy. How to master those skills and catch a recruiter’s eye was discussed in detail by Specialists from IIG Vietnam and HR Managers from Manpower and VP Bank. Besides, the students were provided with the most updated recruitment information from VP Bank, during which the recruiter advised that the students should actively add more experience in their CV by applying for internship in companies.

"I say immediately that grounds (ii) – (iv), whether taken individually or collectively, do not justify the draconian step of revocation…. If ground (i) is valid then grounds (ii) – (iv) are unnecessary surplusage. If ground (i) is not valid then grounds (ii) to (iv) would not justify, on any view of the evidence, the sanction of revocation. That would be a grossly disproportionate response."

This case will be of great disappointment to the many individuals who have had their leave cancelled on the basis that deception had been used in an English language test. Application for judicial review in such cases had been stayed by the Upper Tribunal pending the outcome of this case. Claimants are now receiving letters from the Upper Tribunal informing them that the stay has been lifted and that they have seven days to set out reasons why the case has merit before a final determination is made. Unless there are ‘special’ or ‘exceptional’ factors in a case, the only remedy for an individual is an out-of-country appeal. Although sadly this will cause great inconvenience and expense, the observations set out in Gazi about the generic nature of evidence will be of some assistance on appeal.

The Seminar ended with enjoyment and good impression from the students at Thang Long University. It once again affirmed the determination of the school to integrate MOS into the school’s academic disciplines to enhance students’ IT proficiency up to international standards. As shared by the School Management Board, training students was not just limited to satisfying local recruiters but also for a broader ASEAN labor market, which will be integrated soon in 2015.

Mr. Mehmood made an application for a variation of his leave to remain on 31 October 2013, before his leave was due to expire on 19 November 2013. On 4 December, a decision to remove Mr. Mehmood from the UK was made on the basis that he had been working in breach of his conditions of leave. The notices stated that he was entitled to an out-of-country of appeal. On 10 January 2014, the Secretary of State refused Mr. Mehmood’s application to vary his leave on the same basis.

The students engaging in the Seminar also expressed their dreams as well as thoughts about future competition for a job. P.T, a third year student with Finance major from Thang Long University, told about her personal experience applying for two job posts and got no feedback. T.H, a business administration major student, who had a passion for information technology, asked which IT certificate he should get. All the students expressed their interests in the recruitment testing process as it comes to that, at several companies, the initial screening on English and IT can be waived if the candidates possess standardized assessment certificates.

As part of the investigation announced by the Minister for Immigration and Security on 24 June 2014, the Home Secretary ("SSHD") revoked the sponsor licence of City of London Academy ("CLA") and cited four grounds for doing so:

"…it has advanced evidence which shows, at least prima facie, that it is not a "dodgy" institution. It says that for the 67 CAS issued in reliance on false TOEIC certificates there is no evidence that the students were anything other than genuine. It was not "absolutely obvious" that they could not speak English and were therefore fraudsters. On the contrary there was either evidence of an adequate command of English or, where further examination revealed doubts, the sponsorship of the students was withdrawn. All this was set out in great detail in a letter dated 26 August 2014; but this was effectively ignored by the SSHD when she came to make her decision…what the SSHD characterises as inference is no more than mere suspicion, and that mere suspicion is not a fair or rational basis on which to mete out a draconian sanction which will have such a calamitous economic consequence for an incorporated UK business"