Upper Tribunal allows students appeal in ETS TOEIC fraud case

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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."

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.

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.

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The ruling was quoted as saying: "Apart from the limited hearsay evidence there was no evidence from the protagonist in this saga, the ETS organisation … The Secretary of State has not discharged the legal burden of establishing that either appellant procured his [English language] certificate by dishonesty."