This decision forms the next episode in the saga of cases arising from the Test of English for International Communication (“TOEIC”) certificates obtained from test centres in the United Kingdom administering tests set by the Educational Testing Service (“ETS”). The BBC Panorama programme broadcast on 10 February 2014 exposed widespread...
The National Audit Office, a government watchdog, has released an authoritative report on the long-running English language testing scandal. The discovery in 2014 that there was widespread cheating on the English tests required for UK visas led to a Home Office crackdown affecting tens of thousands of people, many of...
The decision in Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684 brings to an end the long-running ETS saga, so called after the Educational Testing Service company that discovered large-scale cheating on its Home Office-approved English exams. In a previous case the Court...
The Court of Appeal has held in Ahsan v Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009 that people accused of cheating on the TOEIC English language test and threatened with removal from the UK have the right to challenge that decision in this country rather...
In R (on the application of Iqbal) v Secretary of State for the Home Department [2017] EWHC 79 (Admin) the Secretary of State for the Home Department (SSHD) was found to have unlawfully detained a claimant whom they had alleged had fraudulently obtained an Educational Test Service (ETS) certificate to show...
The President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the Home Office abused its power in forcing a college to expel a student and deliberately depriving him of a statutory right of appeal. The case has now been reported as R (on the application of Mohibullah ) v Secretary of...
President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secretary of State for the Home Department IA/31380/2014. The President finds that the Home Office evidence suffered from...
A Tier 4 student prohibited from working was accused of the Home Office of breach of his conditions of leave by taking part time employment. A decision was taken to remove him under the pre-Immigration Act 2014 version of section 10 of the Immigration and Asylum Act 1999. he was served...
I am starting to detect subtle* signs that the Upper Tribunal is unimpressed by attempts to litigate ETS cases from within the UK. These are the cases where a person stands accused (on unknown, undisclosed evidence) of cheating in English language tests administered by the company Educational Testing Services. In many...
Back in the day, One Direction enjoyed considerable success and dominated the reported charts. Without a picture in the attic, though, good fortune and good looks cannot last forever. Decline is inevitable. It can be embraced with dignity but this eludes some performers, who simply go on playing the same...
The Upper Tribunal has given judgment in a test case on ETS appeals and judicial reviews: R (on the application of Gazi) v Secretary of State for the Home Department (ETS – judicial review) IJR [2015] UKUT 327 (IAC). It is essential reading for anyone directly affected by the ongoing...
The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) has been re-titled and I think the headnote has been supplemented as well. The case is important on the ongoing...
